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THE CODE OF THE KYRGYZ REPUBLIC

ON ELECTIONS IN THE KYRGYZ REPUBLIC

(Translated by International Foundation for Election Systems (IFES).

This is unofficial translation of the Code of Elections of Kyrgyzstan.)

I. GENERAL PART

Chapter I.      General provisions.

Election rights of citizens

        Chapter II.     Election Commissions

        Chapter III.    Election Constituencies And Precincts

        Chapter IV.    Voters’ Lists

        Chapter V.     The Right For Nomination, Registration And Guarantees Of Candidates’ Activity

        Chapter VI.    Campaigning In Conducting Of Elections

Chapter VII.   Organization And Procedure Of Voting

Chapter VIII.  Determination Of Results Of Elections

        Chapter IX.    Financing Of Elections

        Chapter X.     Guarantees Of A Freedom Of Elections

II. SPECIAL PART

Chapter XI.    Elections Of The President Of The Kyrgyz Republic

Chapter XII.   Elections Of Deputies To The Legislative Assembly And Assembley Of People’s

Representatives Of The Zhogorku Kenesh Of The Kyrgyz Republic

Chapter XIII.  Election Of Deputies To The Local Keneshs Of The Kyrgyz Republic

Chapter XIV.  Concluding And Transitional Provisions

 

Absolute power in the Kyrgyz Republic is the result of the declaration of intention of people that is conveyed in regular, genuine free and fair elections based on a universal, equal, direct suffrage with secret ballot.

The state provides guarantees of citizens’ election rights to elect, be elected to state and self-governing bodies.

 

Chapter I.                General provisions.

                                Citizen’s election rights.

 

Article 1. Relations Regulated by this Code

According to the Constitution of the Kyrgyz Republic this code of the Kyrgyz Republic shall define the fundamental guarantees of citizen’s election rights and shall regulate the relations developing in the process of preparation and conduct of elections of the President, deputies to the Legislative Assembly and the People’s Representative Assembly of the Zhogorku Kenesh, deputies to local keneshes of the Kyrgyz Republic.

Article 2. Principles of Citizen’s Participation in Elections.

1.Elections in the Kyrgyz Republic are conducted on a basis of the universal equal and direct

suffrage with a secret ballot.

Elections in the Kyrgyz Republic are based on a free and voluntary implementation of election rights of a citizen of the republic. No one has the right to force a citizen to participate or not participate in elections as well as to influence his/her free will.

2.Any Kyrgyz Republic citizen residing or staying outside its territory shall exercise full election rights

in conducting elections in the Kyrgyz Republic. Diplomatic and consular institutions of the Kyrgyz Republic shall facilitate Kyrgyz Republic citizen’s realization of election rights established by this Code.

Article 3. General Election Right.

1.Any citizen of the Kyrgyz Republic can elect when he/she reaches the age of 18 and be elected

into the state and local self-governing bodies when he/she reaches the age established by the Constitution and the legislation of the Kyrgyz Republic.

2.Any citizen of the Kyrgyz Republic can elect and be elected irrespective of his/her origin, social,

official and property position, sex, race, nationality, language, adherence to religion, political beliefs, and other circumstances .

3.Citizens announced as not sui juris by the Court and those imprisoned upon the decision of the

Court shall not participate in elections.

4.Citizens whose previous convictions have not been expunged or canceled according to the

established by the Law procedure shall not be elected to the state and local self-governing bodies.

Article 4. Equal Election Right.

Citizens of the Kyrgyz Republic shall participate in elections of the Kyrgyz Republicon equal grounds.

Article 5. Direct Election Right.

Any citizens of the Kyrgyz Republic shall participate in elections directly

Article 6. Secret Voting

Voting in the Kyrgyz Republic elections shall be secret i.e. it shall exclude the possibility of control over voter’s will.

Article 7. Obligatoriness and periodicity of elections

1.The authority term of state bodies and elected self-governing bodies shall be established

correspondingly by the Constitution of the Kyrgyz Republic and laws of the Kyrgyz Republic.

2.Elections of bodies and deputies shall be obligatory and shall be conducted within the terms

established by the Constitution of the Kyrgyz Republic, this Code and laws of the Kyrgyz Republic.

3.Elections shall not be conducted in the state of emergency and martial law.

Article 8. Basic Terms Used in this Code

For this Code’s purposes the following terms are included:

campaigning materials - printed, audio-visual and other materials containing campaigning signs,

campaigning on referendum issues and aimed for mass distribution of information, familiarization in

the course of an election campaign;

campaigning (pre-election campaigning) - the activity of citizens of the Kyrgyz Republic,

candidates, political parties, their blocks, public associations aimed to impel voters’ participation in

casting their votes “for” or “ against” this or that candidate (list of candidates);

guarantees of citizen’s election rights - administrative, legal, informational and other means of

realization election rights of citizens of the Kyrgyz Republic;

document identifying a voter - his/her passport or replacing it document. The following documents

can replace a passport: officer’s certificate, military certificate of a servicemen, sailor’s passport,

a receipt issued by internal affairs bodies, pension certificate, driver’s license;

voter - a citizen of the Kyrgyz Republic enjoying an active election right;

citizens’ election rights - a Constitutional right of citizens of the Kyrgyz Republic to elect and to

be elected to state and local self-governing bodies that includes participation in candidate’s

nomination, campaigning, observation over the conduct of elections, work of election commissions

that includes establishment of voting results and the results of elections, as well as other election actions;

active election right for citizens - the right of citizens of the Kyrgyz Republic to elect state bodies and local self-government bodies; passive election right for citizens - the right of citizens of the Kyrgyz Republic to be elected to state and local self-governing bodies;

an election bloc - any voluntary association of two or more political parties for a joint participation in elections; election commissions - collegial bodies organizing and providing preparation and conducting of elections; one-mandate constituency - a constituency in which one deputy is elected; multi -mandate constituency - a constituency on which several deputies are elected and for every of them voters vote personally; a single national constituency - a constituency that includes in itself the whole territory of the Kyrgyz Republic in elections of deputies to the Legislative Assembly nominated by political parties and election blocs through the lists of candidates; candidate - a person nominated (including any self-nominating person) according to the established by this Law procedure as a candidate to fill in though elections a vacant position in a state or self-governing body; list of candidates - registered by the Central Election Commission list of persons nominated by a political party, election bloc in elections to the Legislative Assembly of the Zhogorku Kenesh; place of stay-hotel, sanatorium, recreational facility, guest-house, camping, tourist station, hospital and other similar establishments, and also living apartment where the citizen lives temporarily and which is not the place of his/her residence place of residence-living house, apartment, office living apartment, specialized houses (dormitory, hotel-asylum, maneuver fund house, special house for solitary old people, home for disabled people, veterans and others), and also any other housing accommodation in which a citizen lives permanently or lives in capacity of the owner, tenant or any other capacity, foreseen by the legislation of the Kyrgyz Republic; observer - a person in the course of elections appointed by a candidate, political parties, their blocs, voters for conducting an observation over the process of voting, calculation of votes, establishment of the results of voting and determination of the results of elections, according to the established by the Law procedure; foreign (international) observer - a person, representing foreign or international organization who obtained the right to carry out observation over the preparation and conducting of in the Kyrgyz Republic according to the established by the Law procedure state bodies - bodies that were established and implement their authority in accordance with the Constitution and the legislation of the Kyrgyz Republic; law-enforcement agencies - bodies of interior affairs, national security, tax authority, office of public prosecutor, customs inspection, Ministry of Justice representative self-government bodies - local state self-administration authorized to resolve local issues and elected by citizens directly in the territories.

 

Chapter II             Election Commissions

Article 9. The System of Election Commissions

1.Election commissions administrate preparation and conducting of elections in the Republic and shall

provide realization and protection election rights of citizens of the Kyrgyz Republic.

2.The unified system of election commissions shall be comprised from:

1.Central commission of the Kyrgyz Republic on election and conducting of referenda in the

Kyrgyz Republic (hereinafter the Central election commission);

2.Oblast and Bishkek city election commissions;

3.Territorial commissions for elections of deputies to the Zhogorku Kenesh of the Kyrgyz

Republic and local keneshes;

4.Rayon, city election commissions;

5.Precinct election commissions.

3.The legal status of election commissions shall be established by the Constitution of the Kyrgyz

Republic, this Code, the legislation of the Kyrgyz Republic.

4.Within the limits of their authority election commissions shall be independent from the state and

local self-governing bodies in the course of preparation and conducting of elections. Any interference of state bodies, local self-governing bodies, public associations, companies, establishments, organizations, their officials and individuals into the activity of elections in the course of preparation and conducting of elections shall not be permitted.

5.Election commission acts, adopted within the limits of their authority, shall be obligatory for the

executive state bodies, local self-governing bodies, public associations, enterprises, establishments, organizations, officials, candidates, voters and also for subordinate election commissions.

6.Election commission decisions that contradict the Constitution of the Kyrgyz Republic, this Code,

the Legislation of the Kyrgyz Republic or those adopted as exceeded their authority shall be canceled by the superior election commission or the court.

7.State bodies, local self-governing bodies, establishments, organizations, companies with the state

participation and their officials shall assist election commissions in the execution of their powers, in particular, in presenting of the necessary premises, transportation means, means of communication, technical equipment, data and materials providing responds to election commissions appeals during the period of 3 calendar days in the course of preparation of elections and on the day of voting and on the next day after the day of voting it shall be done immediately.

8.Public associations, companies, establishments, organizations, mass media not specified in item 9

Article 30 of this Code as well as their officials shall submit election commissions all the necessary data and materials and respond to the election commissions appeals within the periods specified by this Code and the legislation of the Kyrgyz Republic.

Article 10. Authority of the Central Election Commission

1.The Kyrgyz Republic Central Election Commission shall:

1.carry out control over the guaranteeing of citizens’ election rights; xecution of the provisions of the Constitution of the Kyrgyz Republic, this Code, legislation of the Kyrgyz Republic, provide their unified application;

2. Administrate preparation and conduct of elections of the President of the

Kyrgyz Republic, deputies of the Legislative and the People’s Representatives Assemblies of the Zhogorku Kenesh of the Kyrgyz Republic;

3.within the limits of their authority issue resolutions, instructions,

regulations, other acts and controls their execution;

4.direct the activity of election commissions, carries out organizational and

methodological leadership over subordinate election commissions;

5.acts as a territorial election commission for elections of deputies to the

Legislative Assembly of the Zhogorku Kenesh for a single national constituency;

6.establish one-mandate constituencies for election of deputies to the

Legislative Assembly and the People’s Representatives Assembly of the Zhogorku Kenesh of the Kyrgyz Republic, approve the lists and the borders of one-mandate constituencies for election of deputies the Legislative Assembly and publish the lists, the borders and location of election commissions in mass media;

7.establish oblast and Bishkek city election commissions, territorial election

commissions to elect deputies to the Legislative Assembly and the People’s Representatives Assembly of the Zhogorku Kenesh of the Kyrgyz Republic and publish their composition in mass media, determine the procedure of making changes into their composition;

8.approve the lists and boundaries of the constituencies on election of

deputies of oblast, Bishkek city keneshes and publish them in mass-media within 3 calendar days.

9.distribute the funds from the national budget allocated for the conduct of

election campaigns and referenda to election commissions including the payment for their utilization of premises, transportation and communication means, consider other logistical issues of election;

10.set up special funds and utilizes the received funds to conduct elections;

11.determine an accounting procedure for the received and spent budget

funds allocated for the preparation and conduct of elections, funds of candidates’ election funds, funds of political parties, election blocs, special funds;

12.establish election commission financial report forms on received and spent

funds allocated for the preparation and conduct of elections, financial reports of candidates, political parties, election blocs;

13.develops voter ballot form and its wording for election of the President of

the Kyrgyz Republic, deputies to the Legislative Assembly to vote in as ingle national constituency, election ballot paper forms to elect deputiesfor the Legislative Assembly in one-mandate constituencies, the People’s Representative Assembly of the Zhogorku Kenesh

14.develop protocol forms for meetings on candidates’ nominations, election

commission meetings, voters signature lists in support of candidates (lists of candidates), other election documents samples of ballot boxes and election commission seals, and terms the procedure for keeping election documents ;

15.provide issuing of voter ballot forms for election of the President of the

Kyrgyz Republic, deputies to the Legislative Assembly and the People’s Representative Assembly of the Zhogorku Kenesh of the Kyrgyz Republic and other election documents;

16.carry out hearings of reports of ministries and administrative agencies of

the Kyrgyz Republic, other state and self-government agencies on issues relating to the preparation and conduct of elections;

17.create conditions for participation in elections of observers, foreign

(international) observers, representatives of foreign and local mass media, provide them with the relevant documents;

18.issue instructions on the procedure of providing broadcasting time to

candidates, to political parties, election blocks through the channels of the State National TV and radio companies;

19.together with state and local self-governing bodies, oblast, Bishkek city

election commissions establish state system of registration (accounting) of voters;

20.based on the date provided by relevant ministries and agencies of the

Kyrgyz Republic make suggestions on assigning of voters being outside the territory of the Kyrgyz Republic to one-mandate election constituencies;

21.register candidates to the position of the President of the Kyrgyz

Republic;

22.register election blocs;

23.register lists of candidates of political parties, election blocs nominated

for a single national election constituency;

24.register trusted persons of political parties, election blocs on elections to

the Legislative Assembly in a single nation election constituency;

25.issue certificates of the established form to candidates registered for a

single nation election constituency as well as to the trusted persons of political parties and election blocs;

26.inform voters on the course of the election campaign;

27.on the basis of the oblast and Bishkek city election commissions protocols

determine the results of election of the President of the Kyrgyz Republic and publish the results in mass media, file the results with the Constitutional Court of the Kyrgyz Republic for it to provide its resolution;

28.on the basis of protocols of oblast and Bishkek city election commissions

sum up the results of deputies elections to the Legislative and the People’s Representatives Assemblies of Zhogorku Kenesh of the Kyrgyz Republic;

29.can declare elections results invalid according to the procedure

established by item 4 Article 46 of this Code;

30.be authorized to charge a territorial election commission to convoke

repeat elections in the constituency and it can indicate the necessity to conduct elections by newly-composed territorial and precinct election commissions;

31.consider applications and claims for the decisions and actions of election

commissions and make decisions on them;

32.provide implementation of targeted programs dealing with preparation and

conduct of elections, development of the election system of the Kyrgyz Republic, civic education voters, professional training of members of election commissions and other organizers of elections.

2.The Central Commission shall execute other authorities in accordance with this

Code and with the laws of the Kyrgyz Republic.

Article 11. Election Commissions Establishment Procedure

1.Oblast and Bishkek city election commissions shall be established by the

Central Election Commission the amount of a Chairperson, a Secretary and 7 members not later than 30 calendar days after this Code comes into force. The composition and address of oblast and Bishkek city election commissions shall be published in mass media by the Central Election Commission not later than 5 calendar days after the day of the establishment. Oblast and Bishkek city election commissions shall be organized on a permanent basis and shall be legal entities. The term of office of oblast and Bishkek city election commissions shall be 5 years. The authority of oblast, Bishkek city election commissions shall terminate from the moment of establishment of a new composition of commissions.

2.Territorial election commissions on elections of deputies to the Zhogorku

Kenesh of the Kyrgyz Republic for one-mandate constituencies shall be established by the Central Election Commission in the amount of a Chairperson, secretary and not less than 13 members within 10 days after election appointment. The composition and address of territorial election commissions for the election of deputies to the Legislative Assembly of the Zhogorku Kenesh of the Kyrgyz Republic shall be published by the Central Election Commission in mass media not later than 5 calendar days after its establishment.

3.Members of oblast, Bishkek city, territorial election commissions for elections

of deputies to both assemblies of the Zhogorku Kenesh of the Kyrgyz Republic shall work without leaving their main job and on a voluntary basis.

4.Territorial election commissions for election of deputies to oblast, Bishkek city

keneshes shall be established by oblast and Bishkek city election commissions in the amount of a Chairperson, secretary and not less than 7 members not later than 10 calendar days after appointment of elections. The composition and address of the territorial election commissions on election of deputies to oblast, Bishkek city keneshes shall be published by oblast and Bishkek city election commissions in mass media not later than 3 calendar days after their establishment.

5.Rayon, city election commissions shall be established by oblast, Bishkek city

election commissions in the amount of a Chairperson, secretary and 5 persons not later than 10 calendar days after appointment of elections. The composition and address of rayon, city election shall be published in mass media by oblast, Bishkek city election commissions not later than 3 calendar days after its establishment.

6.Precinct election commissions shall be established by superior election

commissions in the amount of a Chair person, secretary and up to 7-13 persons 40 calendar days prior the day of elections. The composition and address of precinct election commissions shall be published by relevant election commissions in mass media not later than 3 calendar days after its establishment.

7.The establishment of election commissions shall be carried out upon

nomination of local keneshes with regard to suggestions made by political parties, public associations, voters’ meetings. And not more than one representative of each political party, public association, voters’ meeting shall be elected into an election commission.

8.After registration of a candidate or lists of candidates by a corresponding

election commission, any registered candidate or political party, election bloc promoting the list of candidates has the right to appoint one representative as a member of the election commission which conducted registration of a candidate or lists of candidates. This member shall have one consultative vote.  Registered candidate or trusted representative of political party, election bloc shall send official documents to corresponding election commission, the chair person of which includes appointed people into the lists of commission members with consultative vote and issues them certificates.

9.Territorial election commissions for elections of deputies to the Legislative

Assembly in one-mandate constituencies, the People’s Representatives Assembly, to oblast, Bishkek city keneshes, rayon, city election commissions, precinct election commissions for conduct of elections shall terminate their authority after an official publication of the results of elections, including the results of voting on a relevant territory.

Article 12. Oblast and Bishkek city Election Commissions and their authority

Oblast and Bishkek city election commission shall:

1.administrate control over the fulfillment of the provisions of this Code,

legislation on elections in the Kyrgyz Republic and provide their uniform application;

2.direct the activity of subordinate election commissions, distribute among them

state funds allocated for conduct of elections, provide control over their aimed utilization;

3.organize conducting of elections on a relevant territory;

4.establish constituencies for election of deputies to oblast, Bishkek city

keneshes and file lists and borders of constituencies with the Central election commission for its approval;

5.establish election commissions foreseen by items 4 and 5 of Article 11 of this

Code;

6.be authorized to participate in meetings on nomination of candidates to

deputies;

7.control the creation of the necessary logistical conditions for the activity of the

subordinate election commissions;

8.establish special funds utilized for conduct of elections on relevant territories;

9.provide issuing of ballot paper for election of deputies to the local keneshes in

accordance with the established by the Central Commission form and provide with them relevant election commissions;

10.conduct hearings of subordinate election commissions, leaders of companies,

establishments and organizations and public associations on issues connected with preparation and conduct of elections;

11.sum up the results and determine the results of elections as a whole on its

territory and publish them in mass media within the established period;

12.provide filing of documents connected with preparation and conduct of

elections with an archives or a superior election commission;

13.consider issues connected with conduct of repeat elections of the deputies of

oblast and Bishkek city keneshes;

14.consider applications and appeals on decisions and actions of subordinate

election commissions, make decisions on them;

15.execute other authorities in accordance with this Code, the legislation on in

the Kyrgyz Republic.

Article 13. Territorial Election Commissions and their Authority

1.1. In order to prepare and to conduct elections the following territorial election

commissions are to be formed:

1.Territorial commission on election of deputies to the Legislative Assembly

of the Zhogorku Kenesh for a single national constituency;

2.Territorial commissions for election of deputies to the Legislative

Assembly and to the People’s Representatives Assembly of the Zhogorku Kenesh for one-mandate constituencies;

3.Territorial commissions for election of deputies to oblast and Bishkek city

keneshes;

4.Territorial commissions for election of deputies to rayon, city keneshes;

5.Territorial commissions for election of deputies to city, villages, aiyl

keneshes.

2.Territorial election commissions shall:

1.carry out control over the execution of this Code, legislation on elections

in the Kyrgyz Republic on its territory;

2.direct the activity of precinct election commissions and hear their reports;

3.observe compiling of voters’ lists and provide them for public

acknowledgement;

4.attend the meetings, congresses (conferences) on candidates’ (lists of

candidates’) nomination;

5.register candidates (lists of candidates) and their trusted persons and

issue them certificates made according to the established sample;

6.organize meetings of candidates with voters;

7.provide observation of equal legal campaigning conditions for all political

parties, election blocs, candidates;

8.adopt the text of a voting ballot paper for a constituency, provide issuing

of ballot paper and supply of precinct commissions with them;

9.sum up and determine the results of elections on its constituency on the

basis of precinct election commissions protocols, publish them in mass media and issue a certificate to the elected deputy;

10.provide filing of documents connected with preparation and conduct of

elections and referenda to archives or superior election commission;

11.organize conduct of repeat voting and repeat elections to replace

withdrawn deputies;

12.review applications and complaints on decisions and actions of precinct

election commissions, take decisions on them;

13.administrate funds allocated for the preparation and conduct of elections

in a constituency, distribute part of the funds among precinct election commissions, provide control over their aimed utilization on the territory of a constituency;

14.establish special funds utilized for conducting of elections on their

territories;

15.control precinct election commissions supply with transportation and

communication means and review other logistical issues;

16.announce elections in a constituency as invalid in cases foreseen by item

4 of Article 46 of this Code;

17.execute other authorities in accordance with this Code, legislation on

elections in the Kyrgyz Republic.

Article 14. Rayon, City Election Commissions and their Authority

1.Rayon, city election commissions act as territorial election commissions for election of deputies of rayon, city, villages, aiyl keneshes specified in Article 13.

2.Rayon, city election commissions shall:

1.carry out control over the preparation and conduct of elections on a

relevant territory;

2.inform the public about the addresses and telephone numbers of precinct

election commissions;

3.coordinate the activity of precinct election commissions on a

corresponding territory, consider complaints (applications) on the decisions and actions (failure to act) of precinct election commissions and make decisions on them;

4.establish constituencies for conducting of elections of deputies to rayon,

city keneshes and submit lists and borders of constituencies for the approval of oblast, Bishkek city election commissions;

5.establish constituencies for conducting of elections of deputies to city,

settlement, ail keneshes and approve lists and borders of constituencies;

6.administrate funds allocated for the preparation and conduct of elections,

distribute them among precinct election commissions;

7.provide observation of equal legal campaigning conditions for all

candidates;

8.provide the supply of ballots and other documents to precinct election

commissions;

9.provide organizational and technical assistance to precinct election

commissions in conduct of voting at precincts;

10.sum up the results of voting at elections on a corresponding territory and

inform mass media about them, file protocols on voting results with oblast or Bishkek city election commission;

11.provide filing of documents connected with preparation and conduct of

with archives or a superior election commission;

12.carry out other authorities foreseen by this Code, legislation on elections

in the Kyrgyz Republic.

Article 15. Authority of Precinct Election Commissions

Precinct election commission shall:

1.inform the public about the address and telephone number of a precinct

election commission, time schedule and the date and place of voting;

2.compose lists of precinct voters;

3.provide familiarization of voters with voters’ lists, accept and review

applications on inaccuracies in the lists and make decisions on making corresponding corrections;

4.control the observance of rules on posting campaigning materials on the

precinct territory;

5.provide the preparation of the premises for voting, election boxes and other

equipment;

6.arrange voting at a precinct on the election day;

7.carry out vote count for the precinct;

8.review applications and complaints on violations of this Code and take

decisions on them;

9.provide filing of documents connected with preparation and conduct of

elections with archives or a superior election commissions;

10.execute other authorities in accordance with this Code and the legislation of

the Kyrgyz Republic on elections.

Article 16. Status of an Election Commission member

1.Members of election commissions can not be: deputies to the Legislative and

the People’s Representative Assemblies of the Zhogorku Kenesh of the Kyrgyz Republic, local keneshes, officials of state and self-government bodies, judges, candidates, their trusted persons, authorized representatives, members of other election commissions, candidates’ spouses and close relatives, persons who are under candidates’ direct command.

In this Code the term under direct command means official relationships between a leader and a subordinate when a leader has administrative authority over a subordinate i.e. can hire and fire a subordinate within his/her official authority, can pass orders, resolutions, instructions obligatory for his/her execution, impose sanctions or encourage him/her.

2.Close relatives shall not be elected into one and the same election

commission.

3.Chairperson and an election commission member may be released from the

responsibility to be an election commission member prior to the completion of the period of his/her authority upon a decision of the appointed him/her body in the following cases:

an election commission member written application on resigning; moving for permanent residence outside the territory of the Kyrgyz Republic; loss of the Kyrgyz Republic citizenship; bringing in a verdict of “ guilty” with regard to them; becoming rea judicata court’s decision on them being not suri juris or limited suri juris, absent in place unknown, dead; death; appearance of other grounds foreseen by item 1 of this Article.

The body that established an election commission shall appoint (elect) a new chairman or election commission member instead of the one withdrawn because of the mentioned above reasons not later than within 10 calendar days from the day of his/her withdrawn.

4.Any chairperson or an election commission member released for the period of

preparation and conduct of elections from his/her main work shall be paid an average monthly salary at the place of his/her main work (irrespective of the form of ownership). Additional payment can be paid from the funds allocated for a conduct of elections in the amount and according to the procedure established by an election commission that is by law is authorized to administrate the activity of subordinate election commissions on preparation and conduct of corresponding elections.

Any released election commission member shall be made an additional payment in accordance with the following scheme:

1.a member of a rayon, city, oblast, Bishkek city, territorial election

commissions on elections of deputies to the Legislative and the People’s Representative Assembly, deputies of oblast and Bishkek city keneshes shall have an additional payment in the amount of 10 minimum salaries established on the day of an appointment of elections;

2.a member of a precinct election commission depending on the amount of

voters in a precinct shall be paid: a.up to 500 voters - 5 minimum salaries; b.from 500 up to 1000 voters - 6 minimum salaries; c.from 1000 up to 2000 voters- 7 minimum salaries; d.from 2000 up to 30000 voters - 8 minimum salaries established on the day of appointment of elections.

5.According to the legislation of the Kyrgyz Republic members of the election

commissions not released from their main work shall be granted with an additional encouraging vacation.

6.In the course of conduct of elections no election commission member shall be

impleaded a criminal responsibility or imposed administrative sanctions imposed by a court without the approval of the Prosecutor.

7.In the course of elections the Chairman of the Central Election Commission and

its members shall not be sewed, detained or arrested without consent of the President of the Kyrgyz Republic, the Legislative or the People’s Representative Assemblies of the Zhogorku Kenesh of the Kyrgyz Republic (in order of formation) except for the cases when they were detained at the place of commitment of a crime. A criminal action against a Chairman of the Central Election Commission might be brought only by the General Prosecutor of the Kyrgyz Republic.

8.In the course of conduct of corresponding elections and within 6 months after

the end of elections no election commission member can be fired on the initiative of administration (employer) or without his/her consent transferred to another job.

9.Election commission member shall:

timely be informed about corresponding election commission meetings; be authorized to speak out at election commission meetings, make suggestions on issues that are in competence of a corresponding election commission, demand voting on the issue; be authorized to ask questions to other participants of the meeting on the agenda issues and receive answers on them; get acquainted with any documents and materials, including documents that are on machine-reading bearers, of corresponding and subordinate election commissions, receive copies of this documents and materials (with the exception for the voters’ lists, elections ballots), demand certification of the copies; be authorized file an appeal against actions (failure to act) of an election commission with a corresponding superior election commission or a court.

10.Any election commission member shall enjoy the established by this Article

rights connected with preparation and conduct of all elections in conduct of which this election commission participates.

11.Any election commission member with one consultative vote shall not:

issue election ballots; participate in sorting of election ballots and counting of votes; make a protocol on the results of voting and results of elections; participate in voting at commission meetings and sign election commission decisions.

Article 17. Transparency in the Activity of Election Commissions

1.Election commissions’ activity shall be carried out openly and transparently.

2.Members of superior election commissions, candidates and their trusted

persons, authorized representatives, mass media representatives shall be authorized to be present at gatherings of a corresponding election commission.  The corresponding election commission shall provide acknowledgement and a possibility for a free access for the mentioned persons to a gathering.

3.Election commissions’ decisions specified in item 7 of Article 18 of this Code

shall be published in press and submitted to other mass media organizations within the periods established by this Code and the legislation of the Kyrgyz Republic.

4.At the day of election from the moment of starting of the territorial election

commission work until receiving of an information from a superior election commission on the adoption of a protocol on the voting results and at a repeat counting of votes of voters, persons listed in item 2 of this Article as well as the observers, foreign (international) observers are entitled to attend.

5.There shall be provided an access to all election commission members,

observers, foreign (international) observers, other persons to precinct premises established at a precinct, military unit, hospital, sanatorium, rest home, solitary confinement cell and temporary isolator and premises for voting at this precinct.

6.Observers, mass media representatives, foreign (international) observers shall

be authorized to be present at other election commissions when there is summing and establishment of the results of voting, compiling of corresponding protocols on the results of voting, elections and repeat calculation of voters’, electors’ votes.

7.Observer’s authority shall be certified in a written form by a registered

candidate, political party, election block, public association, voters’ gathering, which interests the observer represents and there shall be specified his/her full name, place of residence, precinct number, name of an election commission he/she is sent to. This document is valid with providing of a passport or replacing it document. It shall not be necessary to send a notification on sending of an observer.

8.Observers shall be authorized to:

a.get familiarized with voters’, electors’ lists;

b.be present in premises for voting on the day of elections any time within

the period specified in item 4 of this Article;

c.be present at voters voting outside the premises for voting;

d.observe the counting of citizens put into voters’ lists, ballots for elections, issued to voters, electors, canceled ballots for elections, observe counting voters’, electors’ votes at a precinct at a distance and under conditions that make it possible to observe ballots’ text, get familiarized with any filled in and unfilled ballot for elections in the course of counting of voters’ votes, observe the composition of a protocol on the results of voting and other documents made by an elections or referendum commission within the period specified in item 4 of this Article;

e.apply to precinct election commission Chairperson and if he/she is absent to a person replacing him/her with suggestions, remarks on the issues of voting organization;

f.get familiarized with precinct election commission protocol on the voting

results and also with protocols of other election commissions on voting and election results, issue or receive from a corresponding election commission copies of the mentioned protocols and attached to them documents, and also other documents received by corresponding election commissions or composed by the mentioned commissions within the period specified in item 4 of this Article, including the list of persons present at voting. Upon an observer’s requirement an election commission shall issue or certify the mentioned copies;

g. file an appeal against actions (failure to act) of a precinct election

commission, other election commission with a superior election commission, the Central Commission and the court;

h. be present at a repeat counting of voters’ votes in corresponding commissions.

9.Observers shall not be authorized to:

a. issue voters ballots;

b. sign instead of a voter for the receipt of his/her ballot upon his/her

request;

c. fill in a ballot instead of a voter upon his/her request;

d. undertake other actions violating the secrecy of voting;

e. directly participate in counting of ballots conducted by members of an

election commission;

f. undertake actions hindering the work of an election commission; g.conduct campaigning among voters; h. participate in decision making of a corresponding election commission.

 

10.Mass media representatives shall be authorized to get familiarized with

precinct election commission protocols on the results of voting and also with protocols of other election commissions on the results of voting or elections, issue or receive from a corresponding commission copies of the mentioned protocols and attached to them documents. Upon a requirement of a mass media representative an election commission shall certify a copy of a protocol on the results of voting or elections. Certification of copies of protocols and other election commissions documents shall be made by a Chairperson or a Secretary of an election commission. And the certified copy shall have a statement “the copy is valid”, it shall be signed and stamped with a stamp of a corresponding election commission.

11.Foreign (international) observers shall be accredited by the Central Election

Commission. Foreign (international) observers’ activity shall be regulated by the legislation of the Kyrgyz Republic.

Article 18. Organization of the Election Commissions Activity

1.The activity of election commissions shall be carried out on the basis of

collective decisions.

2.Any election commission shall be authorized to start its activity if the amount

of members in its composition is not less than 2/3 of the established amount.

3.The Central Election Commission activity organization issues shall be regulated

by the Regulations on the Central Election Commission.

 

4.Election commission gatherings shall be called by a Chairperson and also upon

a requirement of not less than one third of the commission members. In the course of preparation and conduct of elections the Central Commission gatherings shall be held not less than once a month and other commissions - not less than once in two weeks.

5.Any election commission member shall be present at all election commission

meetings.

6.Gatherings of election commissions shall be reviewed as valid, if the majority

of the established amount of commission members participate in the gathering.

7.Election commission decisions on issues of financing of preparation and

conduct of elections, candidates’ registration, on the results of voting or elections, on the announcement of elections as invalid or not taken place, on repeat voting or repeat elections, on cancellation of an election commission decision shall be made at an election commission gathering by the majority of votes of the established amount of election commission members.

8.The commission decisions on other issues shall be made by the majority of

votes of the number of the commission members present at a gathering.

9.In case there is an equal amount of votes “for” and “against” a decision the

vote of an election commission Chairperson shall be deciding.

10.Election commission decisions shall be signed by its Chairperson and secretary.

11.The commission members who are not satisfied with an election commission decision shall have a right to express their special opinion that in a written form that shall be considered by the election commission, specified in its protocol, enclosed to it and its Chairperson shall inform a superior election commission (corresponding to the level of elections) not later than within 3 days and immediately on the voting day and the next after the voting day.

12.Election commissions can attract non-staff workers to undertake activity connected with the preparation and conduct of elections on a contract basis.

 

Chapter III     Constituencies And Precincts For Elections

Article 19. Establishment of Constituencies

1.In elections of the President of the Kyrgyz Republic the whole territory of the Kyrgyz Republic shall

be a constituency.

2.For conduct of elections of deputies to the Legislative Assembly and deputies to the People’s

Representatives Assembly for one-mandate constituencies and elections of deputies to local keneshes there shall be established constituencies based on the data received through utilization of state system of registration (accounting) of voters not later than 5 calendar days after an election day appointment.

In elections of deputies to the Legislative Assembly nominated by political parties, election blocs, list of candidates the whole territory of the Kyrgyz Republic shall form a single national constituency.

3.A corresponding election commission shall specify the scheme of constituencies establishment that

shall specify their borders, the list if inhabited localities (streets, houses) that are part of a constituency, number and center of each constituency, the number of voters on each constituency. The corresponding superior election commission shall adopt the scheme of constituencies establishment within 5 calendar days.

4.Constituencies shall be established with regard to the following requirements:

approximate equality of constituencies according to the voters’ number that shall not exceed 10 percent permissible deviation from an average voters’ representation number, and in hard-accessing and distant places - not more than 15 percent; a constituency shall make a unified territory it shall not be permitted to establish a constituency out of territories that do not have a common border.

5.Administrative-territorial division of the Republic shall be taken into account while observing the

requirements specified in item 4 of this Article.

6.The lists of constituencies with specification of their borders and addresses of territorial election

commissions including their graphic representation shall be published by an adopted them election commission in mass media within 3 calendar days after the day of constituencies approval.

7.Changes in the list of constituencies, specification of their borders and location of election

commissions shall be made by the Central Election Commission or election commissions that adopted the establishment of constituencies.

8.In election of deputies to local keneshes there shall be established constituencies in the amount

established by the Special Part of this Code.

Article 20. Establishment of Precincts for Elections

1.Precincts for elections shall be established for conduct of voting and counting

of votes with regard to local and other conditions with the aim to create maximum conveniences for voters.

2.Precincts for elections shall be established by local state executive bodies

upon presentation of a corresponding election commission not later than 45 calendar days prior to the election with not more than 3000 voters per precinct.  It shall not be permitted for precinct borders to cross constituencies’ borders.

3.In hospitals, health resorts, rest homes and other places of temporary stay,

hard accessible and remote regions, in investigation solitary confinement cells and confinement cells for temporary detention, precincts for elections shall be established within the same period and in exception cases not later than 5 calendar days prior to the election day. Such precincts for elections shall be a part of a constituency according to the place of their location.

4.Servicemen vote at common precincts for elections. As an exception it shall be permitted to establish precincts in military units located in separate remote from inhabited localities places. In this cases precincts shall be established by commanders of military units upon a decision of a corresponding election commission

5.Precincts for elections for the citizens of the Kyrgyz Republic being on the territory of foreign states shall be established by the leaders of diplomatic representations and consular establishments of the Kyrgyz Republic on the territory of their staying. The requirement on the voters’ amount specified in item 2 of this Article can not be applied in the establishment of precincts for elections outside the territory of the Kyrgyz Republic. The procedure for including of such precincts into constituencies or a certain rayon on the territory of the Kyrgyz Republic shall be specified by the Central Commission upon representation of the Ministry of Foreign Affairs.

6.Lists of precincts for elections with the indicated borders and addresses of precinct election commissions shall be published by the corresponding election commission in local print media not later than 40 calendar days prior to the election day.

 

Chapter IV          Voters’ Lists

Article 21. Composing of Voters lists.

1.In conduct of elections there shall be composed voters’ lists in order to exercise rights of voters,

acknowledge voters with the information on themselves and also to conduct voting by corresponding precinct commissions.

2.Voters lists at precincts for elections shall include all citizens of the Kyrgyz Republic who can

exercise active election right on the voting day, unless otherwise provided by this Code.

3.Any citizen can be included in a voter list of a corresponding polling station for elections on the

grounds of his/her permanent or mainly residence and in cases foreseen by this Code, legislation of the Kyrgyz Republic also temporary staying on the territory of this precinct .

4.Compilation and verification of data on registered voters shall be carried out by local state

executive bodies and, in case of voters-servicemen, their family members and other voters who live on the territory of a military unit, a military unit commander shall compose and review the data on the registered voters.

5.Precinct election commissions shall compose voters lists on the basis of data on voters submitted

by local state executive bodies, military units commanders received according to the procedure established by this Code and legislation of the Kyrgyz Republic through utilization of the state computer network of registration (accounting of voters) from the moment of establishment of precinct commissions .

6.In the course of conduct of elections of deputies to local keneshes servicemen who serve for a

fixed period in military units, military organizations and establishments situated on the territory of a corresponding administrative-territorial unit shall not be included into voter lists and shall not be taken into account in establishment of voters amount if those servicemen before they joined the army did not live on this territory permanently or mainly.

7.Voter lists of precincts for elections established in health resorts, rest homes, stationary medical

and prophylactic institutions, in living places of distant and hard- accessing regions, investigation solitary confinement cells and confinement cells for temporary detention, and also at representations of the Kyrgyz Republic in foreign countries shall be composed on the basis of the data presented by managers of the indicated above establishments and representations.

8.Any citizen, who can exercise an active election right and on the day for election of the President,

deputies for the Legislative Assembly, deputies for the People’s Representative Assembly is outside the territory of the Kyrgyz Republic and who did not have a possibility to receive a strike off the register certificate or vote earlier shall be included by a corresponding precinct election commission into the voters’ list upon his/her appearance on a voting day in the precinct premises created in the country of residence.

9.Any citizen of the Kyrgyz Republic shall be included into a voters list of only one precinct.

10.The voters’ list is composed in two copies. The data on voters, electors included into voters

(electors) lists are composed in the alphabetical or any other order. Voter’s or elector’s last name, first and patronymic names, a year of his birth ( at the age of 18 the date and the month of his/her birth shall be specified additionally) and the address of his/her permanent or main residence shall be indicated in a voter list. Voters’ list shall be signed by a Chairperson and a Secretary of a precinct election commission. At precincts for elections established on the territory of a military unit voters’ lists shall be signed by a Chairperson and a Secretary of a precinct election commission. The voters’ list shall be stamped with a stamp of a precinct election commission.

11.Precinct election commission shall review a voter list in accordance with the established procedure

for organization of relationship between election commissions and local state bodies and representative self-government bodies.

Article 22. Familiarizing with Voters Lists.

1.Lists of voters at precinct stations shall be presented for general familiarizing and additional

reviewing not later than 15 calendar days prior to voting. Composed in rest homes, health resorts , stationary medical and prophylactic institutions, other places of temporary residence, living places of distant and hard-accessing regions, investigation solitary confinement cells and confinement cells for temporary detention, in military units and also at representations of the Kyrgyz Republic in foreign country - 5 calendar days prior to voting. Citizens shall be provided a possibility to familiarize themselves with voter lists and to review the correctness of the information on voters in premises of the corresponding election commissions.

2.Each citizen of the Kyrgyz Republic, exercising an active election right shall be authorized to inform

a precinct election commission on a failure to include, an error or inaccuracy in the list of voters, electors . Within 24 hours, and on a voting day within 2 hours from the moment of applying and not later than 2 hours before the completion of voting, the precinct election commission shall review an application and submitted documents or the error or provide the complainer with a written resolution with an explanation for the refusal. The election commission decision can be appealed in a superior election commission or in the court (according to the location of a precinct election commission) that shall be obliged to review the complaint within 3 days and on the election day it shall be done immediately.

3.Citizen’s exclusion from a voters, electors list after it has been signed with a Chairperson and a

Secretary of an election commission shall be made only on the basis of information received from relevant bodies that carry out registration (accounting) of voters, electors. And a voters, electors list shall specify the date and the reason of such exclusion. This record shall be signed by a Chairperson of a precinct election commission can be appealed in a superior election commission or a court (according to the location of a precinct election commission) that shall consider a claim within a there-day period and on a voting day - immediately.

4.It shall be prohibited to make any changes into voters, electors lists after the completion of voting

and the beginning of accounting of voters’ votes.

Article 23. Registration (Accounting) of Voters

1.All citizens of the Kyrgyz Republic who exercise an active election right shall be subject to

registration (accounting).

2.The grounds for voter’s registration (accounting) shall be the fact of a permanent or main

residence of a citizen of the Kyrgyz Republic on a relevant territory that shall be established by public registration (accounting) bodies in accordance with the legislation of the Kyrgyz Republic that regulates the procedure on realization of the right of citizens of the Kyrgyz Republic to move freely, freely select the place of their staying and living on the territory of the Kyrgyz Republic.

3.The grounds for registration (accounting) of voters who live outside the territory of the Kyrgyz

Republic or are in long-term overseas business trips shall be the fact of their permanent living on the territory of a foreign state or being in long-term business trips in foreign countries that shall be established by diplomatic representations and consular establishment of the Kyrgyz Republic.

4.Registration (accounting) of voters shall be executed by the local state body, a military unit

commander, head of a diplomatic representation, consular establishment of the Kyrgyz Republic as of January 1 and July 1 of each year.

5.State executive bodies of the Kyrgyz Republic shall provide necessary assistance to election

commissions in reviewing of information on the registered voters.

6.Any voter shall have a free access to documents’ information (data base) on himself/herself,

including the one in computer, shall be authorized to review the information in order to make it full and correct and also shall have the right to know who and with what aim uses or used this information.

Chapter V      The Right For Nomination, Registration Of Candidates

And Guarantees Of Candidates’ Activity
Article 24. The Right to Nominate Candidates

1.The right to nominate candidates shall belong to voters according to the place of work, service,

education and residence of the corresponding constituency, as well as to citizens by way of self nomination. The candidates can be also nominated by political parties, election blocs.

2.Political parties, election blocs shall have the right to nominate candidates the persons who are

not members of a political party.

3.The number of candidates being nominated in constituencies shall not be limited.

4.The candidates’ nomination procedure shall be specified in the Special Part of this Code.

Article 25. Election Blocs

1.Election blocs can be established by not less than two political parties.

2.A political party being a part of an election bloc shall not act independently or enter another

election bloc in the course of elections conduct.

3.The decision to enter an election bloc shall be taken at a congress (conference) of a political

party.

4.Election blocs shall be registered by the Central Election Commission within five calendar days from

the day of submission of protocols of political parties’ congresses (conferences) with their decisions to enter an election bloc and a joint decision of political parties on the establishment of an election bloc, signed by leaders of these political parties. The copies of the political parties’ registration certificates and registered charters of political parties entering an election bloc, shall also be submitted for registration.

Article 26. Authorized Representatives

1.Candidates, political parties, election blocs, gatherings of voters shall appoint authorized

representatives, who represent a corresponding candidate, political party, election bloc on all the issues connected with participation in elections including financial ones.

2.Authorized representatives of candidates, political parties, election blocs shall file a protocol of a

political party congress (conference), election bloc with a decision on a candidate’s (list of candidates) nomination with a territorial election commission. An independent candidate shall file an application on his/her intention to become a candidate of a constituency and an application on the registration of his/her authorized representatives with a territorial election commission.

3.At the same time a territorial election commission shall be filed with: the list of authorized

representatives of a candidate, political party, election bloc, gathering of voters, specifying the full name, date of birth, place of residence of each authorized representative, as well as power of attorney for authorized representatives of a candidate, political party, election bloc, gathering of voters issued in accordance with the statutory procedure.

4.Authorized representatives of candidates, political parties along with the documents specified in

items 2 and 3 of this Article shall file a copy of a registration certificate.

5.A territorial election commission shall consider the submitted to it documents and determine their

compliance with the provisions of this Code and within 5 calendar days from the day of their filing shall take a decision on registration of authorized representatives of a candidate, political party, election bloc and issue registration certificates to them.

6.In case of a refusal to register authorized representatives they shall be handed a motivated

resolution of a territorial election commission. The refusal to register can be appealed in a rayon (city) court according to the place of location of a corresponding election commission that shall consider a claim within not later than a three day period.

7.Authorized representatives shall:

certify subscription lists when collecting voters’ signatures in support of a candidate, count the number of voters’ signatures collected in support of a candidate, compose a protocol on the results of signatures collection; file signature lists in support of a candidate, as well as other documents with a territorial election commission for a candidate (lists of candidates) registration; receive from an election commission a written confirmation (receipt) on filing of signature lists and other documents; conduct pre-election campaigning, distribute campaigning materials; have the right to participate in casting of lots being held by election commissions when determining the order of air time provision to candidates, political parties, election blocs; have the right to be present at the sessions of election commissions on the issues related to a candidate, political party, election bloc who appointed an authorized representative; execute other authorities established by the legislation on elections of the Kyrgyz Republic, authorities on the instruction of a candidate, political party, election bloc.

Article 27. Registration of Candidates (Lists of Candidates)

1.1. For the registration of candidates (lists of candidates) the following

documents shall be submitted to election commissions:

1.the protocol with a decision of a congress (conference) of a political party,

election bloc, gathering of voters on a candidate (list of candidates) nomination;

2.candidate’s declaration of intent to run as a candidate. The declaration

shall contain the candidate’s obligation to cancel his/her activity that is incompatible with the status of deputy in case he/she is elected;

3.candidate’s biographic data, specifying his/her full name, date of birth,

place of work, position (occupation) and place of residence;

4.documents certifying payment of election deposit

5.income declaration of a candidate, his/her relatives living with him/her;

6.other documents specified by the Special Part of this Code.

In case of a candidate’s self-nomination for the registration he/she shall file the documents foreseen in sub-items 3, 4, item 1 of this Article.

2.The corresponding election commission within the period, established by the

Special part of this Code, shall review the compliance of the procedure of a candidate’s nomination with the requirements of this Code and take a decision on a candidate’s registration or refusal to register.

3.The Ministry of Justice shall present the list of political parties holding the

right to participate in elections to the Central Election Commission within 10 calendar days after appointment of elections.

4.A candidate can be registered only in one constituency. Registration of one and

the same person in more than one list of candidates shall be prohibited. This rule shall not be applied when registering a candidate, nominated by a political party, an election bloc simultaneously at one and the same election campaign in one-mandate constituency and in a list of candidates.

5.When registering a candidate nominated by a political party, an election bloc,

the fact of his/her nomination by a corresponding political party, election bloc shall be noted in the appropriate decision of an election commission. A candidate nominated by a local kenesh, gathering of votes, an independent candidate shall have the right to declare his/her independent status or belonging to a political party.

6.In case of a refusal to register a candidate (list of candidates) a corresponding

election commission shall within one day issue to the candidate or the authorized representative of a candidate, political party, election bloc a copy of the election commission’s resolution with the explanation of the motives for the refusal. The motive for the refusal can be insufficient number of valid voters’ signatures in support of a candidate, the discovery of inauthentic signatures among the signatures, violation of the procedure of signatures collection established by this Code, violation of the order of establishment of an election fund and expenditure of its funds, and other grounds envisaged by this Code. The decision on refusal to register a candidate (list of candidates) can be appealed in a superior election commission or court.

7.Any candidate shall have the right to withdraw his candidacy, but not later

than 15 calendar days prior to the day of voting. At any time, but not later than 15 calendar days before the day of voting a political party, an election bloc shall have the right to withdraw a list of candidates and refuse to participate in the elections, or exclude some of the candidates from the list, certified by a corresponding election commission. In cases, when the withdrawal of a candidacy or a list of candidates by political parties, election blocs were executed without any enforcing to that circumstances, a corresponding election commission shall have the right to charge the candidate or the corresponding political party, election bloc a part of the republican budget costs allocated for conducting the election campaign.

8.In case the number of registered candidates is less than the established

number of mandates, the elections in this constituency, upon the decision of a corresponding election commission, shall be postponed for an additional candidates nomination and carrying out further election actions.

9.Not later than within seven days after the registration of candidates, a

corresponding election commission shall publish in press an announcement on the registration indicating surname, first and patronymic names, the year of birth, employment position (occupation), place of work and residence of each candidate, and depending on the candidate’s discretion, his/her party membership.

10.Not later than on the seventh day after registration of a list of candidates the

central election commission shall publish in press an announcement on registration indicating the names of political parties, election blocs, as well as surname, first and patronymic names, year of birth, employment position (occupation), place of residence of the first three candidates from the list of political parties, election blocs.

11.Within two calendar days after registration the election commission shall issue

the appropriate candidate certificates to candidates, specifying the constituency and the date of registration.

Article 28. Status of Candidates

1.All candidates shall have equal rights and bear equal responsibilities except for

the cases, specified by this Code.

2.The candidates who alternate state positions, as well as positions at

representative self-government bodies shall not use the benefits of their official position or rank.

In this Code the term “use of benefits of official position or rank” includes the following:

involvement of individuals who are subordinates or other officially dependent, attraction of other governmental officials during the working hours for conducting of activities related to nomination or election use of accommodations, occupied by state bodies or bodies of local self-government, for the purposes of conduct of activities promoting nomination and (or) election in case other candidates cannot use the same accommodation on the same conditions use of telephone, fax and types of communication, information services, technical equipment which facilitate functioning of state bodies or bodies of local self-government for the purposes of conduct of activity promoting nomination and (or) election free of charge or beneficial use of transportation means which are in state or municipal property for the purposes of conduct of activity promoting nomination and (or) election. This provision shall not be applicable to individuals who use stated above transportation means in accordance with the legislation on state protection, and shall not apply to deputies of the Legislative assembly of the Zhogorku Kenesh of the Kyrgyz Republic; conduct of gathering of signatures, pre-election campaigning by state officials or officials of local self-government bodies during official business trips; beneficial access (compared to other candidates) to means of mass media with the purpose of conduct of gathering of signatures or pre-election campaigning.

Observance of the stated above restrictions shall not hinder elected officials’ duties implementation with regard to voters.

3.Management of a company, institution, organization, a commander of a military unit, a head of an Internal Affairs department in which a registered candidate works or serves, after the day of the candidate’s registration by a corresponding election commission till the day of the official publication of general results, shall, upon an application, report of a candidate, release him/her from work, service, study any day and for any time within this period keeping him/her paid an average labor remuneration by institutions, companies, organizations independently from the type of their ownership

4.During elections a registered candidate can not be dismissed ( given another position) upon the initiative of a the management (employer) or transferred to another work (position) without his/her consent.

5.The time of a registered candidate’s participation in elections shall be included

into the total labor record term for the specialty he worked prior to his/her registration as a candidate.

6.A registered candidate can not be instituted criminal proceedings against,

arrested or imposed administrative sanctions through the court procedure without the permission of the public prosecutor (according to the level of elections). Upon giving the permission to institute criminal proceedings, the public prosecutor shall be obliged to inform the election commission that registered the candidate.

7.A registered candidate shall lose the rights and be released from his/her

obligations connected with the candidate status starting the moment of the official announcement of the election results made by an election commission in mass media. In case an election commission sets up a repeat voting, registered candidates, who do not participate in repeat voting, will loose their candidate status from the day when the repeat voting was appointed by the election commission.

8.Registered candidates who are on public service or on service in representative

local government bodies, or working in mass media, for the time of their participation in elections shall be released from the execution of their official duties and shall file a certified copy of a corresponding resolution (order) with an election commission not later than 3 calendar days after their registration.

9.Any registered candidate sharing a highest state position shall have the right

to conduct pre-election campaigning only within free from execution of his/her official duties time (vacation, days off, holidays and other days of rest).This rule shall not be applicable to the President and deputies of the Legislative Assembly of the Zhogorku Kenesh of the Kyrgyz Republic.

10.Candidate’s violation of the provisions, established by this Article, shall be the

grounds for the cancellation of a decision on candidate’s registration by an election commission, that got this candidate registered.

Article 29. Trusted Persons of a Candidate, Political Parties, election blocs

1.Candidate, political parties and election blocs shall have the right to appoint

trusted persons.

2.Registration of trusted persons shall be executed immediately by an election

commission that registered the candidate (list of candidates), based on a candidate’s written application or a proposal of a political party and an election bloc, and the application of the citizen himself/herself on his/her consent to be a trusted person. Election commission shall issue a certificate to the trusted person.

3.Deputies, members of the Government, officials of the Presidential

Administration, Prime-Minister’s Apparatus, Legislative Assembly, People’s Representatives Assembly, officials of executive state and local government bodies, election commission members, employees of law-enforcement agencies and courts, military servicemen, foreign citizens shall not have the right to be trusted persons.

4.Trusted persons shall act within the limits of the authorities, provided to them

by candidates, political parties, election blocs.

5.Trusted persons shall have the right to:

carry out campaigning and other activity in any permitted by the law forms and using legal methods promoting candidates’(list of candidates) election, present their pre-election programs; make presentations at pre-election gatherings, meetings with voters, participate in pre-election debates and discussions; receive necessary assistance from state and local government bodies in holding pre-election gatherings and meetings with voters; be present at election commissions’ sessions; be present at polling stations including polling stations situated on a military unit territory, at joint sessions of local keneshes, in the course of voting, counting of votes and summing up voting results; get familiarized with election commissions’ documents and also protocols on results of voting and election results; appeal decisions and actions (failure to act) of election commissions and be present at consideration of claims and applications.

6.Trusted persons of a candidate shall not:

interfere into the work of election commissions; in a voting place sign instead of a voter on his/her request for receiving ballots and also instead of him/her fill in ballots in a cabin, specially equipped place or a room for secret ballot; conduct information TV and radio programs (commercials), participate in mass media covering of elections in case they are journalists, mass media creative workers or officials of publishers, mass media.

7.The management (employer) shall provide trusted persons, upon their request,

with an unpaid vacation for the period specified in item 3 of Article 28 of this Code.

8.Candidates, political parties, election blocs shall have the right to recall their

trusted persons any time, having notified the election commission, that shall annul the issued to these trusted persons certificates.

9.Trusted persons authorities shall be terminated along with the forfeiture of the

status by the registered candidate, who appointed them, or along with the forfeiture of the status by candidates, incorporated into the list of candidates, nominated by political parties, election blocs.

 

Chapter VI       Campaigning For Elections

Article 30. Conduct of Pre-Election Campaigning

1.The State shall provide citizens of the Kyrgyz Republic, candidates, public associations, political

parties, election blocs with free conduct of pre-election campaigning in accordance with this Code and the laws of the Kyrgyz Republic.

2.Citizens of the Kyrgyz Republic, candidates, public associations, political parties, election blocs

shall have the right to conduct campaigning for participation in elections, freely and comprehensively discuss pre-election programs of candidates, their political, business, personal qualities, as well as pre-election programs of political parties, election blocs, carry out campaigning “for” or “against” any candidate (list of candidates) at meetings, rallies, in mass media. Election commissions jointly with the executive authorities and local government bodies shall provide assistance to such meetings conduct - provide with premises, inform in advance about time and place of the meetings and carry out other actions.

3.Candidates, political parties, election blocs shall be guaranteed to have equal conditions for the

access to mass media

4.Campaigning for elections shall be carried out:

through mass media; by means of holding mass actions (gatherings, meetings with citizens, public debates and discussions, rallies, demonstrations, marches); publishing and distribution of propaganda printed materials; in other established by the law forms.

5.Any candidate, public association, political party, election bloc shall have the right to

independently determine the form and character of its mass media campaigning.

6.Members of election commissions, officials of the state authorities, local government bodies, state

and municipal officers, welfare institutions, religious associations, chancellors, as well as employees of law-enforcement bodies and military men when executing their duties and official responsibilities shall not have the right to participate in campaigning for elections.

7.Foreign countries, organizations and citizens, the persons having no citizenship, international

organizations and international public movements shall not have the right to participate in campaigning.

8.Journalists, other creative workers, as well as mass media officials shall be prohibited to conduct

information TV and radio programs, participate in covering the elections campaign through mass media, if the mentioned persons are candidates or their trusted persons. This rule shall not be regarded to campaigning actions of the mentioned persons when using free air time on the channels of state owned and local TV/radio companies in the order, specified by Article 32 of this Code.

9.Mass media companies the founders (co-founders) of which are state authorities or local

government bodies, organizations, institutions, that are being financed fully or partially from the republican or local budget or funds of the local government bodies and also mass media companies that enjoy benefits on payment of taxes and obligatory fees if compared with other mass media companies shall be obliged to provide candidates, political parties, election blocs equal possibilities to conduct pre-election campaigning.

10.Mass media companies that do not do not come within the provisions of item 9 of this Article shall

have the right to on a contract basis to provide air time, printing area to candidates, political parties, election blocs. Candidates. political parties, election blocs shall make payment for air time and printing matter on equal terms and exclusively through corresponding election funds. The amount of payment for TV time, publication in periodical printed publications shall be equal for all the candidates, political parties, election blocs and shall not exceed the tariffs of corresponding mass media means which were active on the day before appointment of the elections day.

11.When publishing the results of a public opinion poll connected with elections, mass media shall

specify the name of the organization that conducted the poll, the time of its conduct, the number of respondents (selection), the method of information collection, precise wording of the question, estimator of a possible error.

Article 31. The Period of Campaigning

1.Pre-election campaigning shall start from the day of a candidate’s (list of

candidates) registration and shall terminate 24 hours before the voting day. In the course of conduct of re-voting the campaigning shall start from the day of an official publishing of the decision on repeat voting and shall terminate 24 hours before the day of repeat voting.

2.Campaigning printed materials earlier posted outside the buildings and

premises for elections shall be kept at the same places on the voting day.

3.It shall be prohibited to publish in mass media the results of public opinion

polls, prognoses of elections, other investigations, in connection with elections from the moment of registration of candidates or list of candidates.

Article 32. Campaigning on TV and radio

1.Candidates, political parties, election blocs shall have the right to be provided

with free air time on the channels of TV and radio companies that come within the provisions of item 9 Article 30 of this Code and broadcasting on the territory on which elections. The mentioned air time shall be at the time when TV and radio programs attract most of the audience - from 8 p.m. to 12 p.m.

2.The total amount of the free of charge air time allocated by each TV and radio

company for campaigning at the election of the President of the Kyrgyz Republic, deputies of the Zhogorku Kenesh of the Kyrgyz Republic shall not be less than one hour on working days. The total amount of the free of charge air time allocated by each local TV and radio company for campaigning at the election of the President of the Kyrgyz Republic, deputies of the Zhogorku Kenesh of the Kyrgyz Republic, at the elections for representative local government bodies shall not be less than 30 minutes on working days, in case the total amount of broadcasting time of a TV and radio company is less than two hours, it shall be not less than one fourth of the total amount of broadcasting time. The mentioned free of charge air time shall be distributed among the registered and present at the presentation candidates, political parties, election blocs on equal terms.

3.Not less than one third of the total amount of the allocated free of charge air

time shall be provided to candidates, political parties, election blocs for holding mutual discussions, round table talks and other similar campaigning actions. All candidates, political parties, election blocs shall have equal access to utilization of this allocated free of charge air time.

4.TV and radio companies that come within the provisions of item 9 of Article 30

of this Code, according to the level of elections, shall reserve paid air time for campaigning conducted by candidates, political parties, election blocs. The mentioned air time shall be provided on a contract basis to a corresponding candidate, political party, election bloc for the payment upon their request. The amount of payment shall be the same for all candidates, political parties, election blocs and shall be published not later than the day when the nomination of candidates (lists of candidates) commences. And each candidate, political party, election bloc shall have the right to obtain from the total amount of reserved air time some time within the share received by means of dividing this volume by the total number of candidates, political parties, election blocs. The total amount of the reserved air time shall not be less than the total amount of free of charge time.

5.It shall be prohibited to interrupt the speeches of candidates or accompany

them with any comments.

6.The regulation of the procedure for providing air time to candidates, political

parties, election blocs on the channels of TV and radio companies that come within the provisions of item 10 of Article 30 of this Code shall be executed by the laws of the Kyrgyz Republic.

7.Irrespective to the form of ownership, all TV companies, which offer

candidates, political parties, election blocs broadcast time, shall be obliged to conduct the same policies in regard to other candidates, political parties and election blocs in terms of equal prices, broadcast time, broadcast time amount and other conditions in the nearest air time.

8.The order, amount and time of radio and TV broadcasts, allocated to

pre-election campaigning shall be established by election commissions on the agreement with the management of TV and radio companies and distributed in accordance with the principle of equality among candidates, political parties and election blocs.

Article 33. Conduct of Campaigning through Print Media

1.Periodical printed media that come within the provisions of item 9 of Article 30

of this Code and being distributed on the territory, where elections are conducted except for publications established by state authorities and local government bodies exclusively for publication of official information and materials, normative and other acts shall allocate printing area for the materials submitted by candidates, political parties, election blocs. The total minimum amount of such areas and correlation of its parts provided by periodical printed media free of charge out of the budget financing and on a paid basis shall be established by the legislation of the Kyrgyz Republic. For specialized printed media (children’s, technical, scientific and others) it shall be possible to refuse to publish any campaigning materials on condition that they in no form participate in pre-election campaigning.

2.Irrespective to the form of ownership, periodical printed media which offer

candidates, political parties, election blocs publication space shall be obliged to conduct the same policies with regard to other candidates, political parties, election blocs (in terms of equal prices, volume and other conditions) in the nearest publications.

Article 34. Campaigning by means of conducting mass actions

1.State authorities, local government bodies shall be obliged to provide

assistance to candidates, political parties, election blocs, gatherings of voters in organization of gatherings and meetings with citizens, public debates and discussions, rallies, demonstrations and marches, provide security when conducting mass actions.

2.Applications on providing premises for conducting of voters’ meetings with

candidates, their trusted persons, authorized representatives of political parties, election blocs shall be considered by state authorities and local government bodies the same day when an application is received.

3.Upon election commissions applications, the premises, suitable for conducting

of mass actions that are in the state or municipal property, in the ownership of state companies, institutions and organizations, shall be provided free of charge to candidates, their trusted persons, political parties, election blocs for them to meet with voters within the established by an election commission time. In case the mentioned premises were provided for conducting of mass actions to one of the candidates, political party, election bloc, the owner of premises shall not have the right to refuse another candidate, political party, election bloc. And election commissions shall provide equal possibilities for candidates, political parties, election blocs in conducting of mass actions.

Article 35. Distribution of Campaigning Printed Materials

1.Candidates, political parties, election blocs shall have the right to issue

campaigning printed materials. Fair drafts of campaigning printed materials or their copies shall be submitted to an election commission that registered a corresponding candidate (list of candidates) with an aim not to distribute the materials, that are in contradiction with the legislation.

2.All campaigning printed materials shall contain the names and addresses of

organizations (full names and addresses of persons) that prepared the printed materials, the name and of the organization (full name of the person), that ordered printing of these materials, as well as the information on the volume and the date of their issue. Distribution of campaigning printed materials that do not contain the mentioned information shall be prohibited.

3.Campaigning printed materials can be posted in premises, on buildings,

constructions and other objects by approval of their owners. It shall be prohibited to post the mentioned materials on monuments, obelisks and buildings of historic, cultural or architectural value and also inside election commissions’ premises, at their entrances and in premises for voting.

4.Local government bodies upon a proposal of an election commission shall be

obliged to specify on the territory of each district some place for posting campaigning materials. Candidates, political parties, election blocs shall be provided with equal conditions for posting such materials.

5.Any election commission notified about the distribution of forged campaigning

printed materials or campaigning materials not containing the information, specified in item 2 of this Article, shall undertake measures to suppress such activity and shall have the right to apply to the corresponding law-enforcement and other bodies with a petition on suppression of illegal campaigning activity and to confiscate illegal campaigning printed materials.

6.Candidates, political parties, election blocs have the right to use campaigning

materials printed before appointment of elections, in accordance with the requirements of this article and within the frames of candidates, political parties, election blocs expenditures taken out of their election funds.

Article 36. Inadmissibility of the Abuse of the Right to Hold Pre-Election

Campaigning

1.Election commissions shall control the observance of the established procedure

of pre-election campaigning.

2.While holding pre-election campaigning it shall be prohibited to abuse the

freedom of mass media: campaigning aimed at exciting social, racial, national hatred and antagonism, calling for seizure of power, to a violent change of the constitutional structure and to violation of the integrity of state, propaganda of the war and other forms of abuse of mass media freedom, prohibited by the legislation of the Kyrgyz Republic.

3.Candidates, their trusted persons, political parties, election blocs and their

authorized representatives, and also other organizations that directly or indirectly participate in pre-election campaigning shall be prohibited: to bribe voters: pay them money, give them presents and other material valuables other than payment for some organizational work (duty at polling stations, collecting of signatures other technical service activity), undertake preferential sale of goods, distribute free of charge any goods except for printed, including illustrative materials, badges, specially produced for election campaign and also provide services free of charge or on preferential terms.

4.Candidates, political parties, election blocs, their authorized representatives

and other persons and organizations shall not have the right to influence voters with promises to transfer them funds, securities (including those on the results of voting) and other goods and also to provide services on other terms than those specified by the law.

5.Candidates, their trusted persons, political parties, election blocs from the

moment of their registration till the publication of the voting results shall not be involved in any charitable activity, including the one outside the constituency, in which the candidate was nominated.

6.Mass media, while participating in pre-election campaigns, shall not have the

right to admit any publications that can damage dignity and business reputation of candidates if such mass media can not provide a possibility to a candidate to publish a refutation or other explanations to protect his/her reputation before the completion of the term of pre-election campaigning.  Refutation or explanation shall be published in a special column or in the same column with the same fonts that were used for the publication in respond to which the refutation or explanation is being given. Refutation or explanation in periodical publications shall be given in the next publication, refutation or explanation for TV or radio presentations-in the next program from the day of receipt of a refutation or an explanation.

7.Any failure to provide before the completion of the term of pre-election

campaign of a possibility for a candidate to publish a refutation or other explanations to protect his/her reputation in mass media that published the information that can damage a candidate’s reputation can become the grounds for bringing a case against this mass media to the court.

8.In case a candidate, political party, election bloc violates item 2 of this Article

an election commission and also other bodies, organizations and citizens shall have the right to appeal to court with a petition to cancel the candidate’s (list of candidates)registration.

9.In case a candidate, political party, election bloc violates the specified by

Article 30-35 of this Code, other rules on holding pre-election campaigning, an election commission shall have the right to apply to the appropriate law-enforcement and other bodies with a petition to suppress illegal campaigning activity, while the election commission shall also have the right to cancel the decision on a candidate’s (list of candidates) registration.

 

 

Chapter VII     Organization And The Procedure For Voting

Article 37. Premises for Voting

1.Premises for voting shall be provided by executive state authorities to the disposal of a precinct

election commission free of charge.

2.The premises for voting shall have cabins or other specially equipped places for secret ballot, that

shall have the system of lightning and writing matter but not pencils.

3.Any precinct election commission shall place a stand for posting information on all candidates,

political parties, election blocs. The mentioned materials shall not contain campaigning appeals. On the stand there shall be placed the samples of filled in ballots that shall not contain the names of candidates registered in this constituency, names of political parties, election blocs.

4.The premises for voting shall be equipped in such a way that the places for handing out ballots for

elections, cabins and ballot-boxes shall be simultaneously within the field of vision of the members of a precinct election commission, observers.

Article 38. Strike Off the Register Certificate for Voting at Elections

1.In cases and according to the procedure specified by this Code, a voter that will not have a

possibility to come to a voting place of a precinct election commission where he is included into the voters list, 15 to 1 day before the voting day, shall have the right to receive in a precinct election commission a strike off the register certificate for voting at elections, and participate in voting at an electoral area, where he/she is on the voting day.

2.The form of a strike off the register certificate shall be established by the Central Election

Commission.

Article 39. Ballot for Elections.

1.In order to conduct elections a voter (elector) shall receive a ballot for elections, that is strict

reporting document the level of protection of which shall be specified by the Central Election

Commission. The number of ballots for elections shall not exceed the number of registered voters

(electors) more than 0.5%

2.The form and text of a vote ballot, as well as ballot issuing procedure, their number and the requirements set up for their printing shall be approved by corresponding election commissions not later than 20 calendar days before the voting day. The ballot’s text shall be placed only on one side of a ballot.

3.An election ballot shall contain in the alphabetic order the first, patronymic and last names of each candidate, the year of birth, place of residence, main place of work or service (occupation) of each candidate.In case of voting for lists of candidates, the election ballot shall include names of political parties, election blocs, as well as first, patronymic and last names, year of birth, employment positions (occupation), places of residence of the first three candidates out of the list in the order, determined by a casting of lots.

4.To the right of the information about candidates specified in item 3 of this Article, the name of a political party, an election bloc a blank square shall be placed. At the end of the list of candidates, names of political parties, election blocs the following sentence shall be placed: “Against all candidates” (“Against the whole list of candidates”) with a blank squire placed to the right of it.

5.Ballots for elections shall be printed both in Kyrgyz and Russian not later than 10 calendar days

before the day of voting. Each ballot for elections shall contain an explanation on the order of its filling.

6.Ballots for elections containing the name of the body to which these elections are being held, the

number of a constituency or an indication on the single national constituency.

7.After the waste of ballots, a printing house shall transfer ballots to the members of the election commission, who ordered the production of ballots according to an act drawn up on that. After the ballots have been transferred, in the presence of not less than three election commission members, trusted persons of candidates, political parties, election blocs, the waste and unclaimed ballots shall be destroyed. An act on that shall be drawn up and signed by all present persons.

8.Election commissions shall transfer ballots for elections to subordinate election commissions, down

to precinct election commissions inclusive, and an act on that shall be drawn up. The Chairpersons of election commissions shall bear responsibility for the accuracy of ballot’s transfer.

9.The transfer of ballots for elections to corresponding election commissions shall be carried out not

later than 10 calendar days before the day of voting, and to precinct election commissions not later than 1 day before voting. The number of ballots for elections being transferred to a precinct election commission shall not exceed the number of voters, included into a voter list in an electoral area on the day of ballots transfer, more than for 0.5%.

10.In case some candidates(lists of candidates) withdraw after the ballots are printed precinct

(territorial) election commissions upon an instruction of territorial election commissions shall cross out the information about the relevant candidates (lists of candidates).

11.The premises, in which ballots for elections are stored, shall be sealed and guarded by an internal

affairs department.

Article 40. Voting Procedure

1.The voting in elections shall be conducted on a calendar week-end day from 7a.m. till 8 p.m. local time. Precinct election commission shall through mass media or by other way inform the voters about the time and place of voting not later, than 15 days before the election date, in case of a pre-term voting or re-voting - not later than 10 calendar days before the day of voting.

2.Each voter shall vote personally, voting for the others shall not be allowed.

3.Election ballots shall be handed to voters, included in the voter lists upon presentation of a

passport or a document identifying the voter’s personality, and in case a voter votes using a strike off the register certificate, he/she shall also submit a strike off the register certificate.

4.When a voter receives a ballot for elections the series and number of his/her passport or other

document, identifying his/her personality shall be specified in a voter list. A voter shall check the correctness of the record made and place his/her signature in a voter (election) list. In case a voter votes using a strike off the register certificate, some additional remarks shall be made in a voter list.

5.In precincts with less than 500 voters on the list, voters not presenting identification may vote

providing they are on the voters’ list, reside in the precinct and are approved by at least two members of the commission and permission of the chairperson. The approving members and chairpeson should make a notation in the voters’ list regarding these voters.

6.Any voter shall put a relevant sign in the squire against the candidate (list of candidates), in

whose benefit the choice is made, or next to the position “Against all candidates” (“Against all lists of candidates”).

7.An election ballot shall be filled in by a voter in a specially equipped cabin or in a specially

equipped place to where other persons shall not have an access.

8.In case a voter thinks that he made a mistake while filling in a ballot he shall have the right to

address the member of the election commission, who issued a ballot to him/her and ask him to give him/her a new one instead of the wasted one.Election commission member shall issue such a voter o new ballot and make a relevant mark in the voters’ list. The wasted ballot shall be canceled on which an act shall be drawn up.

9.Any voter, who does not have a possibility to sign for the receipt of a ballot personally, shall have

the right to use the help of another voter, elector, who shall not be an election commission member, candidate, trusted person of a candidate, observer.

10.Filled in election ballots shall be put by voters into the sealed ballot-boxes.

11.Any election commission member shall be immediately dismissed from the participation in the work

of a commission and an observer or other persons shall be taken out of the premises for voting if they try to hinder the work of an election commission, or execution by a citizen of the Kyrgyz Republic of his/her election right, or violate the confidentiality of voting. The decision on that shall be taken by a precinct election commission. And the commission shall have the right to apply to the corresponding bodies with a petition on calling such persons to the responsibility envisaged by the legislation of the Kyrgyz Republic.

Article 41. Early Voting Procedure

1.Any voter who does not have a possibility to come to the electoral area, where he/she is included

on the day of elections, he/she shall have the right to vote earlier by means of filling in a ballot in the premises of a relevant territorial election commission 9 to1 day before the voting day. The election commission shall provide the confidentiality of voting and exclude a possibility to distort voter’s intention, safety of the ballot and taking into account the vote of the voter when the votes are summed up and the results of elections are determined.

2.Voter’s ballot for elections shall be filled in by an early voting voter, put into an envelope and

sealed. At the place, where the envelope is sealed the signatures of two members of the territorial election commission shall put their signatures, which shall be certified with the stamp of the territorial election commission and signed by the voter, who voted earlier.

3.The sealed envelope with ballots shall be stored with a secretary of the corresponding territorial

election commission, in the premises of territorial election commission till the moment of transfer of all ballots to the precinct election commission.

4.On the voting day a Chairperson of a precinct election commission in the presence of other

precinct election commission members, observers, other persons before the beginning of voting shall make an announcement on the number of voters who voted earlier and produce for inspection the sealed envelopes with ballots for elections and the list of voters who voted earlier. After that he shall open envelopes one by one and, observing the confidentiality of voter’s intention, he/she shall put the ballots into a stationary ballot box. The number of voters who voted earlier shall be entered into the protocol on the results of voting before the voting starts and in the voter list against the names of voters there shall be an entry that he/she “Voted Earlier”.

Article 42. The Voting Procedure for Voters Who Vote

1.The voters, who were entered into voter lists, but can not come for voting because of the state

of their health or due to some other reasons shall vote by the place of their stay. Precinct election commissions shall provide a possibility for voters to vote outside the premises.

2.Voting outside the premises for voting shall be held only on the day of elections and only upon a

written request or verbal appeal. Application (appeal) can be made any time after the establishment of a precinct election commission but not later than 6 hours before the expiration of the voting time on the day of elections. The precinct election commission shall register all the submitted applications (appeals) with a special register. An application on providing a possibility to vote outside the premises for voting shall specify a reason due to which a voter can not attend the premises for voting and some information about the voter. When a verbal appeal is being registered of an verbal appeal the time when the appeal was received shall be indicated and a signature of a commission member who received the appeal shall be put. During the visit of the commission members to a voter, his/her appeal shall be certified with a written application.

3.Voting outside the premises for voting shall be made by not less than two members of a precinct

election commission who shall receive the necessary amount of ballots for elections against receipt and portable, previously sealed ballot boxes. The precinct election commission shall have available necessary amount of portable ballot boxes, but not more than three. Voting outside the premises for voting shall be made with participation of not less than two trusted persons and authorized representatives..

4.In his/her written application a voter shall specify the series and number of his/her passport or

identifying his/her personality document and with his/her signature he/she shall certify that he/she received a ballot for elections. Election commission members shall certify the fact of ballot’s issue with their signatures.

5.The series and number of passport or other document identifying the personality of a voter, who

voted outside the premises for voting, shall be entered into a voter list and at the same time in voter list a relevant record “voted outside the premises for voting” shall be made.

 

 

 

Chapter VIII    Establishment Of The Results Of Elections

Article 43. The Protocol of a Precinct Election Commission on Voting Results

1.Precinct election commission shall compose a protocol on the results of voting at a corresponding

constituency.

2.A protocol of a precinct election commission on the results of voting shall contain:

a.the number of a copy

b.indication of the level of elections;

c.the words “Protocol No.”;

d.name of an election commission and the number of constituency.  e.protocol items:

1.the number of voters entered into the list, including the voters, who were entered into the list in addition;

2.the number of the ballots for elections received by an election commission;

3.the number of ballots for elections handed to the voters who voted earlier;

4.the number of canceled ballots for elections;

5.the number of ballots for elections handed to voters at a polling station;

6.the number of ballots for elections handed to voters who voted outside the premises for voting;

7.the number of ballots for elections contained in portable ballot boxes;

8.the number of ballots for elections contained in stationary ballot boxes;

9.the number of valid ballots for elections;

10.the number of invalid ballots for elections;

11.the number of votes of voters, cast for each candidate (list of candidates) included into ballots for election;

12.the number of votes of voters, cast for the position “Against all candidates” (“Against all lists of candidates”).

The protocol on the voting results shall also include the items:

13.the amount of strike off the register certificates for voting in elections, received by a precinct election commission;

13a. the amount of voters who voted at a polling station using strike off the register certificates;

13b. the amount of strike off the register certificates for elections, issued to voters by a precinct election commission before the voting day;

3.the list of applications (appeals), acts and other documents, enclosed to a protocol;

4.the family names and initials of a Chairperson, secretary and other election commission members

and their signatures;

5.date and time of the protocol signing;

6.an election commission seal.

7.The numbers specified in item 2 of this Article shall be entered into the protocol on the results of

voting in figures and words.

Article 44. Procedure of Establishment of the Results of Elections and Compilation of the Protocol on the Results of Elections by Election Commissions.

1.Counting of votes of voters shall be carried out openly and publicly by the members of a precinct election commission.

2.Counting of votes of voters, electors shall start immediately after the voting completion

and shall be carried out without an interval till the results of voting are determined.

3.When the time of voting is expired the Chairperson of a precinct election commission

shall make an announcement that only voters who are inside the premises for voting can receive the ballots for elections and vote. Before the precinct election commission members open ballot boxes they shall count and cancel unused ballots for elections in the presence of observers and other persons. Cancellation of unused ballots for elections shall be executed by way of cutting the right bottom corner of a ballot. The number of such ballots shall be announced and recorded in the Protocol on the voting results.

4.Than the Chairperson of a precinct election commission shall check the intact of the

seals and stamps on portable ballot boxes, let the election commission members, observers and other persons inspect the boxes to ascertain their intact, and shall open the portable ballot boxes.

5.Precinct election commission members shall count ballots for elections and in accordance

with the items of a protocol on the results of voting shall fill in the corresponding figures.

6.Direct counting of votes of voters, electors shall be carried out in specially allocated

places equipped in such a way that all election commission members have an access to it. Election commission members, with an exception of the Chairperson and the Secretary of the election commission, shall be prohibited to use writing accessories in the course of vote counting. And all the present at counting shall be provided with a full field of view to watch the actions of the precinct election commission members.

7.Ballots that are not in conformity with the established form shall not be taken into

account in the course of vote counting. The ballots shall be considered non conformable if their contents and/or the form does not correspond to the text and form of the ballot, adopted in order, provided by the Article 39 of this Code.

8.First of all the counting of ballots for elections that are in portable ballot boxes shall be

counted. The number of ballots that were taken out of them shall be announced and recorded in a relevant item of the protocol on the results of voting. In case it is discovered that the amount of votes in a portable ballot box exceeds the amount of voters’ applications, containing the mark on the amount of the ballots received, upon a decision of a precinct election commission all ballots that are in this ballot box shall be announced invalid and a separate act shall be composed, that shall be enclosed to a protocol on the voting results and it shall contain the family names and initials of the election commission members, who conducted the voting out of the premises for voting.

9.Stationary ballot boxes shall be opened after being inspected to ascertain their stamps’

(seals’) intact.

10.A precinct election commission members shall sort ballots for elections taken out of

portable and stationary ballot boxes according to the votes cast for each candidate (each list of candidates), at the same time separate ballots that do not correspond to the established form and invalid ballots. And election commission members shall announce the contained in ballots for elections voter’s marks and submit ballots for a visual control to all persons present at the counting procedure.

11.Then the counting of votes of voters on the ballots of the established form shall be

performed.

12.Invalid ballots shall be counted and summed up separately. Invalid shall be considered

ballots by which it is impossible to state the intention of a voter, elector. In case of doubts when admitting a ballot invalid a precinct election commission shall solve the issue by voting, and specify the reasons for the ballot’s invalidity on its reverse side.

13.A precinct election commission members shall count the number of valid ballots and

enter it into in the item of the protocol on the voting results, then they shall count and record in the protocol on the voting results the amount of ballots of the established form which are in stationary ballot boxes.

14.After that observers under the control of election commission members shall have the

right to familiarise themselves with the sorted ballots.

15.Then the checkup of control correlation of the data entered into the protocol on the

voting results shall be performed. In case the control correlation do not coincide, a precinct election commission shall take a decision on re-counting on all or some items of the protocol on the results of voting.

16.After compilation of the protocol on results of voting, election ballots shall be packed in

special packages, sealed by precinct election commission and signed by the members of precinct election commission, authorized representatives of candidates, political parties and election blocs.

17.The protocol on the voting results shall be filled in and signed in three copies by all the

present members of a precinct election commission with the indication of the date, time (hour and minute) of its signing. The protocol shall be considered valid if it is signed by the majority of the election commission members. When signing the protocol the members of a precinct election commission, who do not agree with its tenor, shall have the right to express their particular opinion and enclose it to the protocol, on which a relevant record shall be made.

18.Upon signing the protocol by precinct election commission, results of the vote shall be

immediately announced for precinct election commission members, observers, representatives of mass media and other individuals.

19.The first master copy of a protocol on the voting results upon its signing, along with the

voting documentation, including ballots for elections, the resolutions made on them, the acts, made up by precinct election commissions, shall be immediately sent to the superior election commission.

20.The second copy of the protocol along with the seal of a precinct election commission shall be kept by a secretary of the precinct election commission until the work of the election commission is completed.

21.The third copy of the protocol (its copy) shall be posted for public acquaintance in the place, established by a precinct election commission.

22.Other copies of the protocol shall be given to authorized representatives of candidates.

23.Upon a request of any interested person a precinct election commission after signing of the protocol on the results of voting shall be obliged to hand a certified copy of the protocol on the results of voting to the mentioned persons or provide them with a possibility to make a copy and certify it.

 

Article 45. The Procedure for Establishment of Elections Results by Superior Election

Commissions

1.The top copies of protocols on the results of voting of precinct election commissions

immediately after their signing by election commission members shall directly be filed within a superior election commission, including the election commission, that determines the results of corresponding elections.

2.After a preliminary reviewing of the accuracy of composing the protocols on the results of

voting, a superior election commission by means of summing up the data shall determine the results of voting on a relevant territory. On the results of voting a superior election commission shall compose a protocol with the filled in data on the number of direct subordinate election commissions, the received protocols, based on which a protocol on the voting results shall be composed and the summed up data on the items of protocols of precinct election commissions.

3.The protocols of all election commissions shall be composed in three copies and signed

by all present election commission members. The protocols shall be enclosed with composed in two copies summary table on the voting results on a relevant territory, special opinion of the election commission members, received claims (applications) and the adopted on them resolutions.

4.The top copy of an election commission protocol immediately after signing together with the top copy of a summary table shall be filed straight within the direct superior election commission.

5.The duplicate of the protocol together with all election documentation shall be kept by a secretary of the mentioned commission in a guarded premises prior to be sent to the archive.

6.The third copy of the protocol (its copy) shall be posted for the public familiarisation in the place, allocated by the election commission.

7.In case after signing of a protocol on the voting results and (or) summary table and  filing of its first copies with a superior election commission, an election commission that filed the protocol and the summary table discovers an inaccuracy in them it shall have the right to discuss an issue of making adjustments in the protocol and (or) the summary table at its meeting. The commission shall inform its members, observers, other persons present at the composition of the approved earlier protocol and mass media about the resolution made. In this case the election commission shall compose a protocol marked as “Repeated”. The mentioned protocol shall be immediately filed with a superior election commission.

8.In case after signing the protocol on the results of elections and (or) summary tables and submission of their top copies to superior election commission, discrepancies are being discovered in protocols and (or) summary tables on the results of voting or doubts occur concerning the correctness of the composition of a protocol and (or) summary tables filed by subordinate election commissions, this election commission shall have the right to consider on its meeting the issue of including clarifications in the protocol and (or) summary table. Election commission shall be obliged to inform its members, observers and other individuals who were present at compilation of the previous approved protocol, and representatives of mass media. In this case election commission shall compose a protocol marked as “Repeated”. The protocol shall be immediately filed with a superior election commission.

9.When mistakes, disparity in protocol and (or) summary tables are revealed or any doubts in correctness of the composition of a protocol appear, superior election commisssion has the right to take the decision on conducting recount of votes of voters by subordinate election commission. Recount of votes is conducted in the presense of a member (members) of superior election commission. Upon recount a protocol on the results of the recount of votes of voters marked as “Recount of votes” shall be composed by the election commission. The protocol shall be immediately filed with a superior election commission.

Article 46. The Procedure for Establishment of Results of Elections

1.The election commission authorised by this Code shall determine the results of elections

on the basis of protocols filed directly by subordinate election commissions by way of summing up the included into them data. Members of the mentioned commission shall personally determine the results of elections.

2.Superior election commission shall compose a protocol on the results of elections that

shall include the data on filed protocols, based on which the results of elections and a summary table on the summed up data of precinct election commissions protocols shall be determined, data on the amount of direct subordinate election commissions shall also be included.

3.Elections shall be declared by a corresponding election commission as invalid in cases:

when the number of voters participated in them was less than that established by the relevant articles of the Special Part of this Code; when none of the lists received the number of votes sufficient for taking part in distribution of mandates.

The number of voters who participated in voting shall be determined by the amount of voters’ signatures in in voter’s lists.

4.The corresponding election commission shall declare the results of voting, elections invalid: 

a.in case the violations made in the course of voting and establishment of the voting results s do not allow to reliably establish the results of voters’ or electors’ intention;

b. if in the course of preparation, conduct of elections or votes counting, resuming and determination of the voting results any violations that influenced the results of elections took place.

c.in case they were declared invalid on not less than one third of the amount of polling stations; d.upon a court decision.

5.If in the course of voting at some polling stations some violations of this Code were made, that do not allow to reliably establish the results of voters’ intention, in such polling stations a re-voting shall be held within 2 weeks from the day of elections.

6.The terms and procedure for keeping and filing documents related to the preparation and

conduct of elections with an archives shall be approved by the Central Election Commission.

Article 47. Repeat Elections

1.In case elections are declared as not taken place, invalid or none of the political parties,

political blocs is admitted to the distribution of mandates in the single national constituency repeat elections shall be called. Nomination and registration of candidates (lists of candidates) for elected positions, other actions on elections shall be executed according to the procedure specified by this Code. In case of re-elections, the terms of election actions, established by this Code, shall be reduced by one third. The information on re-elections to be held shall be published in mass media.

2.In case of conducting candidates’(lists of candidates) repeat elections for elected

positions, the candidates whose actions (failure to act) became the basis for declaration of elections invalid shall not again be nominated.

3.Establishing of facts, when actions or failure to act of candidates, political parties,

election blocs have become the basis for declaration of elections invalid, is performed in court order.

Article 48. Publication of the Results of Voting and the Results of Elections

1.The voting results on each polling station, territory that is covered with the activity of an

election commission, the results of elections for constituency in the volume of items contained in a protocol of a corresponding election commission and direct subordinate election commissions shall be submitted for familiarising to voters, candidates, political parties, election blocs, their trusted persons, observers, foreign (international) observers, mass media representatives upon their requests.

2.Election commissions that carried out registration of candidates (lists of candidates),

shall send general information on the results of elections in a constituency to mass media within a day after establishment of the results of the elections.

3.Official publication of the results of elections and the information on the amount of

votes of voters cast for each candidate (list of candidates), votes cast against all candidates (lists of candidates) shall be executed by a corresponding election commission but not later than one month from the voting day.

4.Election commissions of all levels, with the exception of precinct election commissions,

shall publish the information that is contained in protocols of an election commission of a corresponding level on the results of voting and the results of elections, and the data, contained in protocols of direct subordinate election commission on voting results, on the basis of which election results were determined in corresponding election commissions. Official publication of the complete data on the results of elections shall be carried out within two months from the voting day.

Article 49. The Use of Automated Informational System “Shailoo”

1.In case an information computer system is utilized in the course of elections and

election commission shall establish a group out of election commission members to control utilization of an information computer network. All election commission members shall have a right to get familiarized with any information entered into and taken out of an information computer network.

2.From the moment of starting of the voting till the moment of signing of a protocol by the

Central Election Commission an information computer network shall be utilised exclusively for the observation of the course and the results of voting by means of filing of information of subordinate election commissions with superior election commissions.

3.In the course of the time it shall be prohibited to transfer any information from

information centres of superior election commissions to information centres of subordinate election commissions except for the signals confirming the acceptance of the information.

4.The data on the course and results received through an information computer network

shall be a preliminary information that does not have legal importance.

5.The text of printed by computer information that contains information on the entered

into an information computer network shall be enclosed to a protocol of an election commission kept by an election commission secretary. The authenticity of the printed by a computer information shall be certified with signatures of members of the group to control the utilisation of an information computer network and a person responsible for entering of an information.

 

 

Chapter IX         Financing Of Elections

Article 50. Financing of Preparation and Conduct of Elections

1.The expenditures of election commissions on the preparation and conduct of elections

shall be covered from the funds of the republican budget and special funds of election commissions.

2.Election commissions expenditures shall be specified as a separate item in a state

budget. The funds for conducting elections shall be transferred to the disposal of election commissions within a ten calendar days period from the day of announcement of elections and shall be distributed by them among subordinate election commissions.

3.In case if financing of elections is not performed for account of the state budget and in

case of untimely transfer of funds to an election commission that was authorised to administrate the activity of subordinate election commissions in preparation and conducting of corresponding elections, the said expenses shall be covered by bank loans that are provided to the election commission on a tender basis. And the allowed volume of funds shall not exceed the amount specified in a report of an election commission of a corresponding level on expenditure of funds in the course of preparation and conducting of similar previous elections taking into account a change of the established by the law minimum salary amount.

4.Depending on the level of elections, the received loans, including the interest, shall be

refunded from the state budget by the Government of the Kyrgyz Republic, for which the loans are liabilities to be paid back within the period not exceeding two years. When adopting the budget for a year following the year of conducting the mentioned elections the Zhogorku Kenesh of the Kyrgyz Republic shall foresee the payment of such loans as a separate item in the budget, being adopted by them. The return of loans shall be guaranteed by the budget in accordance with this Code without the adoption of a decision on providing a guarantee.

5.Assets incoming to the special fund of an election commission shall be disposed for

preparation and conduct of elections.

6.Financial reports of the Central Election Commission, subordinate election commissions on the use of funds of the republican budget and special funds for elections shall be submitted accordingly to the President of the Kyrgyz Republic, the houses of the Zhogorku Kenesh of the Kyrgyz Republic.

7.Chairpersons of election commissions shall dispose the funds and bear responsibility for the compliance of financial documents with decisions of election commissions on financial issues.

Article 51. Election Funds

1.The citizens nominated as candidates shall create their own election funds for the

financing of pre-election campaigning upon a written notification of a district election commission on the beginning of collecting of voters’ signatures in support of these candidates. Political parties, election blocs, who nominated lists of candidates, shall be obliged to establish election funds after their authorized representatives are registered with the Central Election Commission. In case candidates (lists of candidates) are not registered, the funds received by election funds shall be returned to organizations and persons who made donations and transfers. The registered candidates (lists of candidates) shall continue keeping open accounts of their own election funds for financing of pre-election campaigning.

Candidates, registered only within the list of candidates, nominated by political parties, election blocs shall not have the right to create personal election funds.

2.The election funds of candidates, political parties, election blocs can be established from

the following sources:

personal funds of a candidate, a political party, an election bloc; unds allocated to a candidate by the nominating him political party, election bloc; voluntary donations of legal entities and individuals.

 

3.Voluntary donations to election funds shall not be made by:

foreign states, companies, organizations, citizens; persons without citizenship; international organizations; legal entities with foreign participation; state authorities and local government bodies; state and municipal institutions and organizations; legal entities having state and municipal share in their authorized capital and also enjoying benefits in payment of taxes and fees; military units; law-enforcement bodies, courts; charitable organizations; religious associations; anonymous donations.

4.The Special Part of this Code shall establish the extreme amounts of directed to election

funds candidate’s own funds, funds allocated to a candidate by a nominated him/her political party, election bloc, voluntary donations of citizens and legal entities as well as the extreme amount of election funds expenditures. The funds directed to candidates’, political parties’, election blocs’ election funds shall be calculated based on the minimum monthly salary amount established by the Law of the Kyrgyz Republic as on the election day. Monetary funds received in excess of the established amount, shall not be included into the election funds and shall be returned to citizens and organizations. And the expenses connected with the return of the mentionedcontributions shall be covered at the expense of the citizens and organizations, who contributed the funds.

5.All the funds that make up an election fund shall be transferred to a special bank

account. This account shall be opened by a candidate, political party, election bloc upon a permission of a corresponding election commission. The monetary funds directed to election funds shall only be excepted in the national currency. Income on these accounts shall not be accrued and paid.

6.For elections of the President of the Kyrgyz Republic, the deputies of the Zhogorku

Kenesh of the Kyrgyz Republic the procedure for establishment, keeping of the mentioned accounts, accounting and reporting on the election funds shall be established by the Central Election Commission on an agreement with the National Bank of the Kyrgyz Republic. For elections to local government bodies the procedure for establishment and keeping the mentioned accounts, accounting and reporting on the election funds shall be established by a corresponding election commission on an agreement with the regional branches of the National Bank.

7.The right to dispose funds of election funds shall belong to the candidates, political parties, election blocs, who established them.

8.The funds of election funds shall be goal-oriented. They can only be used to cover expenses connected with conducting a pre-election campaign.

9.Election funds can be used for:

financing organizational-technical measures aimed at collecting of signatures in support of a candidate’s (list of candidates) nomination; pre-election campaigning; payment for accomplished (provided) by citizens work (services) directly connected with conducting of pre-election campaign; payment for renting premises, equipment, business-trip expenses, communication services, --- - -purchase of stationary and payment for other expenses directly connected with conduct of pre-election campaign.

10.Citizens and legal entities shall have the right to provide financial (material) support to the activity, promoting a candidate’s (list of candidates) election only through election funds.  Legal entities, their subsidiaries, representation offices shall be prohibited to provide works, services, sale of goods, directly or indirectly related to elections either free of charge or unreasonably low prices.

11.Candidates, political parties, election blocs shall be prohibited to use other than the directed to their own election funds resources for the payment of works connected with collecting of voters’ signatures, conduct of pre-election campaigning, carrying out other pre-election actions. If a candidate, political party, election bloc in the course of collecting signatures or pre-election campaigning, other pre-election actions beside the funds out of his/her own election fund also used other resources, a corresponding election commission shall be authorized to cancel its decision on a candidate’s (list of candidates) registration. In case the mentioned violations were discovered after publication of the results of elections, an election commission shall be authorized to apply to court with a petition to announce candidate’s (list of candidates) election as invalid.

12.Upon a requirement of an election commission, banking institutions shall periodically file an information on the directed and spent resources of this candidate’s, political party’s, election bloc’s account with an election commission that registered this candidate (list of candidates).

13.From the moment of election funds’ establishment and till the day of voting a corresponding election commission shall periodically send to mass media for publication the information on transferred to and spent funds of election funds. Mass media specified in paragraph 9 of Article 30 of this Code shall be obliged to publish the mentioned information within three days from the moment of receiving them using the funds of current financing.

14.In case a candidate’s withdrawal, recall of a list of candidates by a political party, election bloc or cancellation of a candidate’s (list of candidates) registration, the transferred to an election fund resources shall be immediately returned to the contributed them citizens and organizations. And the expenses related to the return of the contributed funds shall be covered at the expense of the contributed the funds citizens and organizations.

15.Any contracts or agreements on payment from special accounts of candidates, political parties, election blocs shall not be concluded later than on the day before the election day.

16.In case of repeat elections of the President of the Kyrgyz Republic, transactions on candidates’ bank accounts can be prolonged upon a written permission of the Central Election Commission.

17.Any candidate, political party, election bloc shall file with a corresponding election commission a report on the amount and all resources of the established by him/her/its fund and the expenditures made not later than 30 calendar days after publication of the results of elections. Copies of the mentioned reports shall be transferred by election commissions to mass media for publication not later than three calendar days after they were filed.

18.Any candidate, political party, election bloc shall transfer a balance, remaining on a special account, to the accounts of citizens and organizations, that made donations or transfers, in proportion to the amount of the directed by them funds. The balance of the funds on the special account of a candidate, political party, election bloc shall be wire transferred by the bank under the order of the election commission to the relevant budget after expiration of 60 calendar days from the day of voting.

19.The procedure for taxation of election funds’ resources, voluntary donations and

transfers to the mentioned funds shall be established by the Laws of the Kyrgyz Republic.

Article 52. Control over the Spending of Funds Allocated for Conducting of Elections

1.Control over the procedure of establishment and spending of resources of candidates’, political parties’, election blocs’ election funds shall be carried out by election commissions.

2.Control over the targeted disposal of funds allocated to election commissions for the preparation and conducting of elections and also control over the sources of funding, correct accounting and spending of resources of election funds in order to audit financial reports of candidates, political parties, election blocs shall be carried out by an Audit group established under the Central Election Commission. The procedure for organization and activity of the Audit group shall be specified by the Central Election Commission.

 

Chapter X   The Guarantees Of Freedom Of Elections

Article 53. The Activity of State Bodies on Ensuring Freedom of Elections

1.During preparation and holding of elections, public prosecutor and internal affairs bodies shall

ensure strict observance of requirements of the Constitution, this Code, Laws of the Kyrgyz Republic.

2.The day of voting and the previous day - shall be a working day for courts, public prosecutor

office and internal affairs, as well as for organizations on the exploitation of housing stock.

3.The internal affairs bodies and organizations on the exploitation of housing stock shall be obliged

to offer assistance that may be requested by election commissions for:

1.ensuring public order at voting;

2.on specification of voters lists;

3.on other questions arising on the day of voting in the activity of election commissions.

 

Article 54. The Appeal of Decisions and Actions (Failure to act) of Election

Commissions Violating Election Rights of Citizens of the Kyrgyz Republic

1.Decisions and actions (failure to act) of election commissions and their officials

violating citizens’ election rights can be appealed to a superior election commission.

2.Decisions and actions (failure to act) of election commissions can be appealed to:

precinct election commissions-to terriotorial election commissions

territorial election commissions-to oblast, Bishkek city election

commissions  oblast, Bishkek city election commissions-to the Central Election

Commission

3.Decisions and actions (failure to act) of election commissions for elections of

deputies to the Legislative and the People’s Representatives Assemblies of the Zhogorku Kenesh of the Kyrgyz Republic can be appealed to:

precinct election commissions-to terriotorial election commissions

territorial election commissions-to the Central Election Commission

4.Decisions and actions (failure to act) of election commissions for elections of

the President of the Kyrgyz Republic can be appealed to:

precinct election commissions-to rayon, city election commissions

rayon, city election commissions-to oblast, Bishkek city election

commissions

oblast, Bishkek city election commissions-to the Central Election Commission

5.Decisions and actions (failure to act) of election commissions and their officials violating citizens’ election rights can be appealed to a superior election commission within the period stipulated by this Code and within 3 months after the publication of election results. Failure to meet this time requirements shall result in non-consideration of the appeal.

6.Superior election commission, the Central Election Commission have the right to take decision on the essense/content of appeal.

7.Preliminary appeal to a superior election commission, the Central Election

commission shall not be considered as an obligitory requirement for appeal to a court.

 

Article 55. Judicial Procedure of the Appeal of Decisions and Actions (Failure to act) Violating Election Rights of Citizens of the Kyrgyz Republic

1.Decisons and actions (failure to act) of state-bodies, bodies of local self-government, public associations and officials, and also decisions and actions (failure tto act) of election commissions and their officials violating election rights of citizens, can be appealed to a court.

2.Decisons and actions (failure to act) of election commissions shall be appealed to rayon (city) court located in the place of functioning of given election commission.

3.In case of simultaneous appeal to a court and election commission and the appeal is accepted for consideration by a court, election commission shall suspend consideration of the appeal until the court decision comes into legal force. A court shall notify election commission on received appeal.

4.The court decision shall come into legal force from the moment of its

announcement and shall be obligitory for implementation by state-bodies, bodies of local self-government, public associations, election commissions and officials.

5.Any voters, electors, candidates, their trusted persons, authorized representatives, political parties, election blocs, public associations, gatherings of voters, observers and election commissions can appeal the decisions and actions (failure to act) violating citizens’ election rights.

6.In cases provided by this Code, by the Laws of the Kyrgyz Republic the court can cancel a decision of a corresponding election commission on the results of voting or elections, or other decision of the election commission.

7.The decisions on complaints of the filed in the course of preparation of elections shall be accepted within a three-day period but not later than a day prior to the voting day; and on the voting day or on the day following the voting day - immediately. The decisions on complaints on the registration refusal shall be excepted within a five-day period. In case the facts of a complaint require some additional reviewing, the decisions on them shall be taken not later than 5 days. When a complaint is filed on a decision taken by an election commission on the results of voting, elections the court shall take a decision not later than 10 days period from the day of filing of a complaint.

8.Court shall have the right to take decision in the absance of one of the interested parties (non-appearance) after two notifications.

9.Courts and bodies of the office of prosecutor shall arrange their work (including

vacation days) in the way that provides timely consideration of the appeals.

10.The decision of rayon (city) court that became rea judicata can be considered

by the Supreme Court of the Kyrgyz Republic as judicial directorate within 5 calendar days from the moment of appeal.

11.Directorate appeal on the decision of court shall be brought through

corresponding court which took the decision. Submission of the appeal directly to the Supreme Court of the Kyrgyz Republic shall not hinder consideration of the appeal.

12.A decree issued by the Supreme Court of the Kyrgyz Republic shall become rea

judicata from the moment it was passed, and shall be final and inappealable.

13.Decisons and actions (failure to act) of state-bodies, bodies of local self-government, public associations, election commissions and their officials can be appealed to a court in the period stipulated in this Code, and within 3-month period after publication of election results. After expiration of this period the appeal shall not be considered.

Article 56. The Grounds for the Cancellation of Candidate’s ( List of Candidates) Registration, Cancellation of an Election Commission Decision on the Results of Voting, Elections.

1.Registration of a candidate (list of candidates) can be cancelled (annulled) in case:

violation of the procedure for nomination, registration of candidates (list of candidates); violation of the procedure for holding of pre-election campaigning and financing of elections; candidates, their authorized persons, leaders of political parties, their blocs, public associations make use of their official or business position with the aim to be elected; discovery of the facts of voters’, electors’ bribing by candidates, their trusted persons, members of political parties, public associations, other interested persons and organizations acting with the aim of elections of certain candidates;

2.In case after a corresponding election commission determines the results of voting or determines the results of elections the court discovers that the violations mentioned in item 1 of this Article took place and that prevents to be assured in establishment of voters’ intention, it may cancel the decision of an election commission on the results of voting, the results of elections.

3.The court of a corresponding level can cancel a decision of an election                commission on the results of voting, the results of elections at a polling station, territory and an constituency, the Kyrgyz Republic as a whole and in case of violations of the procedure for composing voters’ lists, procedure of establishment of election commissions, the procedure of voting and vote accounting (including hindrance of observation of its conducting), establishment of the election results and other violations of the election legislation if such actions (failure to act) prevent from being assured in establishment of voters’ intention.

4.Cancellation by the court of decisions of precinct election commissions on the results of voting by more than one third of polling stations shall lead to announcement of elections as invalid in an constituency, in the Kyrgyz Republic as a whole.

Article 57. Consequences for the Violation of the Election Rights of Citizens

Persons:

1.who by means of violence, fraud, threats, forgery or by another manner

interfering with free implementation by the citizen of the Kyrgyz Republic of the right to elect and to be elected, or violating the confidence of voting, the right of citizens to get familiarized with a voter (elector) list, or force citizens or prevent them from putting their signatures in support of a candidate (list of candidates), as well as persons involved in forgery of signatures or bribing of voters;

2.making use of their official or business position with the aim of election, or

having failed to timely obtain or clarify information on the registered voters (voter lists) before filing of the mentioned information within corresponding election commissions, or violating the procedure of financing of elections, including persons delaying transfer of funds to an election commission, to candidates, political parties, election blocs, or those who have handled ballots for elections to citizens in order to provide them with a possibility to vote for the others; or those who have committed forgery of election documents, have composed and issued deliberately false documents, have performed deliberately wrong calculation of votes or establishment of the results of elections, have failed to submit or failed to publish the results of voting thus failing to fulfil their responsibilities;

3.spreading deliberately false information on candidates or committing other

actions, damaging the dignity of candidates; or violating the rights of election commission members, observers, foreign (international) observers, trusted persons of candidates, political parties, election blocs, mass media, including the right to obtain timely information and copies of election documents, or violating the rules for conducting of a pre-election campaigning, including those who conduct campaigning on the day previous to the voting day and on the voting day; or preventing or illegally interfering into the work of election commissions in the course of execution of their responsibilities; or fail to submit or fail to publish the reports on spending of funds on preparation and conducting of elections, financial reports on spending of candidates’, political parties’, election blocs’ funds and financial reports on spending of budget funds allocated for conducting of elections, and also employers who refused to provide the foreseen by the Law vocation for participation in elections shall bear criminal, administrative or other responsibility in accordance with the Laws of the Kyrgyz Republic.